| |
 |
Wet Reckless or Reckless Driving Involving Alcohol
(Priorable as a California DUI)
|
|
|
California Vehicle Code ยง 23103.5
- When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of any alcoholic beverage or ingestion or administration of any drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of any alcoholic beverage or the ingestion or administration of any drug by the defendant in connection with the offense.
- The court shall advise the defendant, prior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c).
- If the court accepts the defendant's plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutor's statement under subdivision (a) states that there was consumption of any alcoholic beverage or the ingestion or administration of any drugs by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as specified in those sections.
- The court shall notify the Department of Motor Vehicles of each conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622.
- If the court places the defendant on probation for a conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order.
- The Department of Motor Vehicles shall include in its annual report to the Legislature under Section 1821 an evaluation of the effectiveness of the program described in subdivision (e) as to treating persons convicted of violating Section 23103.
|
| |
To find out more information about these topics, please call us direct at
(323)467-6400. |
| |
|
The Law Offices of Jeff Voll
Main Office:
3460 Wilshire Blvd., Suite 1209
Los Angeles , CA 90010 |
Law Office of Garrett T. Ogata
3841 W Charleston Blvd. Suite 205
Las Vegas, NV 89102
email: jeffvoll@yahoo.com |
| DISCLAIMER
|
This is an advertisement.
The material and information contained on these pages and on any pages
linked from these pages are intended to provide general information only
and not legal advice. You should consult with a lawyer licensed to practice
in your jurisdiction before relying upon any of the information presented
here. You are advised that the act of sending e-mail to or downloading
information from this website does not create an attorney-client relationship.
While we greatly appreciate general comments and feedback concerning our
website, we cannot guarantee a response to unsolicited e-mail. Also, remember
that electronic mail on the internet is not secure and that you should
avoid including sensitive, confidential or damaging information in unencrypted
messages. Accordingly, we strongly encourage those seeking criminal defense
representation to contact us by telephone so that we may direct you to
an attorney who can assist you. Persons accessing this site are encouraged
to seek independent counsel for advice regarding their individual legal
issues. And remember, "good lawyers ain't cheap, and cheap lawyers
ain't good." |
|
|
|
|