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California DUI charges: Should you negotiate with prosecution?

There are cases brought by the state that are difficult to defend. When there is a lot of evidence in a situation that weighs against an accused individual, one good approach may be to work with the system as well as possible under the circumstances. In these circumstances, a good understanding of the applicable laws and court procedures may assist a California defendant facing DUI charges in reaching a better result.

In mid-March in California, a defendant was accused of striking a pedestrian with his car. In addition, he was accused of leaving the scene after the accident. The man has a prior DUI conviction on his record.

The police pursued him following the accident. They reported they were able to determine his location through the direction of a witness who helped them find the man's van. When the police found him, he reportedly had beer cans in the car with him. Police say at least one can was open, and that he had beer in another open container as well.

At the time police questioned him he said he was trying to drive back to the scene of the accident. If the police version of events is substantially correct, one option may be to explore a plea arrangement regarding the DUI charges. These types of agreements typically result in reduced charges and/or penalties in return for a guilty plea. Of course, every person accused of a crime in California has the right to contest the charges and fight for a dismissal based upon the law and/or the evidence.

Source: Petaluma, CA Patch, "Man With Prior DUI Arrested After Allegedly Hitting Pedestrian," Cate Lecuyer, March 17, 2013

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