MULTIPLE DUI PRIORS AND SENTENCING ALTERNATIVES
There are numerous options for a person who has been arrested for DUI and has multiple DUI convictions in their past. The first question that we ask is whether there are any procedural, factual or constitutional challenges available to have the prior conviction allegation dismissed. If the prior is striken, the serious sentencing enhancements will be avoided. When a prior is from a different State, special rules apply. An out of state conviction can be used against a defendant at the DMV if it is “Substantially Similar” to California DUI laws. An out of State prior can be used in Court to enhance penalties only if the elements of the out of State prior are equivalent to all of the elements of a DUI offense in California. These rules are complex! If you have an out of State prior please refer to our treatment of Interstate Consequences.
The next question that needs to be answered is whether whether the new case can be defended. When there is a prior conviction alleged,an attorney must have the knowledge, experience and expertise to evaluate the likelihood of success of any possible defense to the new DUI charge. The likelihood of success must then be balanced against the possibility of an aggravated sentence if the defense of the case is not successful. If the blood alcohol level is low or if the cops made critical mistakes then the case may be worth fighting. However, sometimes the cops get it right and do their jobs correctly. Sometimes the evidence is overwhelming and not subject to challenge. At the Law Office of Barry T. Simons we find the alternative options for you that could lead your life away from a lengthy jail sentence and on a path to sobriety. In many cases where a person is in desperate need of counseling or rehabilitation from their abuse of alcohol or drugs, it is important to have a DUI attorney that represents you before a prosecutor and a judge. Alcoholism and drug abuse is a disease. In some instances addiction can be a disease passed on through generations. If you do not have a serious lawyer that will fight for you and present your case with these concerns instead of treating you as a forgone conclusion for a convictions please call the Law Office of Barry T. Simons.
Our lawyers and staff have helped our clients with serious addiction and multiple DUI arrests and/or convictions and allowed them opportunities other than mandatory jail. The law requires jail for a person that has suffered a DUI conviction within ten years from the new DUI arrest. However a judge and a prosecutor may work with your attorney to find alternatives other than jail so as to treat your addiction and avoid any future DUI arrests. There are countless rehabilitation programs, Alcohol Anonymous meetings, and Court approved programs that may allow you some options even when it seems your situation is bleak and dire.
A recent Google Review from a client with 5 prior convictions who had previously done prison time for his prior dui’s felonies illustrates our commitment to helping our clients who are in the crosshairs of addiction and the criminal justice system.
“There is a lot of good things that I can say about Barry Simons. I had received a Felony DUI in May 2016. I was bailed out of jail. Upon my release, I inquired w.r.t. an attorney that has a high bar in ethics and was able to get results. After my inquiries and research, I ended up at Barry Simons law office in Laguna Beach. Now I have had previous felony priors, so I needed someone that was going to give me their best in representation. There is a lot of hype about lawyers that take your money and do not adequately represent you if at all. A lot of that is true and by firsthand knowledge. This is absolutely not the case with Barry. He is worth every penny and then some. I have to personally thank Barry in the manner in which he handled my case. I will go as far as to say he took a personal interest in me and my case. While I was facing some years in prison, Barry was able to keep from that happening. I was a complete wreck and in the deepest dark thralls of my alcoholic addiction. Barry was the one who got me to a physician that specializes in this kind of dependency. That doctor got me on a counter active regimen that combats further abuse. To this day I am still with this doctor. Barry got me proactive in my court ordered requirements. Now what I was facing and what I wanted the outcome to be were 2 different ideas. I resisted and Barry guided my thinking to a more practical level of what was to come. After a few court dates and some sobriety under my belt I was ready to face my consequences. The outcome was one of true marvel that Barry performed. I spent very little time in jail, not what I expected. I had the usual court ordered requirements outline by my case. He was able to make so that I avoided any court programs or lengthy incarceration. Today I am free and I have completed most of my court order requirements. In addition, I am still sober and happy. I owe all this to Barry Simons. If it weren’t for his personal dedication to my well-being and court case, I am not sure where I would be today. He never missed a court date nor was ever late. Thank you Barry and all you have done for me.”
To find out more about the options in your case and how to avoid jail and keep your job, please call the Law Office of Barry T. Simons for a free consultation.
Call 949-497-1729 For A Free Confidential Consultation
By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.