Plea bargaining in DUI cases in Vista Courts involves discussions with the District Attorney and can also include the Judge. This is a process where the Defense Attorney negotiates the clients case in order to resolve it in the best possible way based on the evidence and other factors. Settling a case avoids the risk and expense of a trial where the client could suffer a possible more serious conviction or greater penalties if convicted. If the Defendant is not getting a sufficient benefit from the settlement and has a good defense, then the case may proceed to a Jury trial where the risks vary with the facts of the case and the Defendants background or record.
Plea bargaining in DUI cases can vary from minimizing penalties to reducing the charge to a lesser offense or possibly even a dismissal if there is a valid defense. One of the main factors in negotiating DUI cases is the facts of the case, dangerousness of the driving, field sobriety tests, attitude with the officer and considerable weight is given to the alcohol or drug level as well as prior record. There are other factors which can also be important, from occupation, education, future plans, immigration, life achievements, military service, treatment of alcohol or drug issues, impact of conviction … and other mitigating factors.
If there are issues as to the stop and detention, testing, witness availability, these defense issues carry the most weight in settlement discussions. Factual problems and legal issues with the case, can be very important in trying to get a lesser charge or even a dismissal if those problems are severe enough. The most common reason to get a lesser charge is the low drug or alcohol levels where there facts are also not aggravated.
Contact a DUI Defense Lawyer as soon as possible if you are arrested for a DUI for an evaluation and to understand the Court and DMV proceedings. Call Attorneys Nicholas and William Christoph at 760-670-3885 for a free consultation. We have been located across from Vista Courts for over 34 years, providing the highest level of DUI and Criminal Defense.