San Francisco DUI Lawyer California DMV Hearing Attorney

• Introduction
• What To Do First
• Elements of the Offense
• BAC Calculator
• Misdemeanor DUI Case
  • Investigative Considerations
  • Miranda Warnings
  • Pretrial Motions
  • Plea Bargains:
    • Felony vs Misdemeanor DUI
    • DUI Pleas
    • Wet-Reckless
    • Dry-Reckless
    • Exhibition of Speed
    • Traffic Infractions
• Criminal Jury Trial
• Criminal Court Punishment
• Alternative Sentencing
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
• Medication Cases
• Drug Cases
• Federal DUI Case
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
• California Highway Patrol
• California DUI Resources

Traffic Infractions

In some California DUI cases, the possibility always exists that any time prior to trial the case will be resolved through a plea bargain between the government and the defendant. In a plea bargain, the defendant agrees to plead guilty, usually to a lesser charge than one for which the defendant could stand trial, in exchange for a more lenient sentence, and/or so that certain related charges are dismissed.

A DUI plea bargain may result in a driver pleading guilty to wet reckless, dry reckless, or even exhibition of speed rather than drunk driving. It is possible to plea-bargain a California Driving Under the Influence (DUI), or Driving While Intoxicated (DWI) case to one or more traffic infractions. These traffic infractions are usually innocuous, such as making an unsafe lane change, or speeding. Traffic school is an option for traffic infractions, so the end result is that the individual charged with DUI and is allowed to plead to traffic infraction will end up with nothing on his or her driving record.

In California, prosecutors rarely offer to reduce a drunk driving charge to a traffic infraction unless the DUI case is extremely unlikely to succeed at the criminal trial. In an appropriate case, a prosecutor may offer a "pair of movers." This refers to a requirement plead guilty to two traffic infractions, so that they are allowed to go to traffic school on one, and still have some consequence on their record.

Even though pleading to a "pair of movers" is harsher than pleading to just one, either is an excellent result when compared with the harsh punishment and collateral consequences of a DUI or related drunk driving conviction in California. A prosecutor may extend this offer after DUI defense lawyer points out a fatal flaw in the conduct of the arresting officer, the driver's chemical test, or another piece of evidence.

An offer to reduce a driving under the influence of alcohol or drugs charge to a traffic infraction is usually only given if the driver's blood alcohol content (BAC) does not exceed the legal limit of .08 percent. Other factors include the jurisdiction, the circumstances of the DUI arrest, and whether or not the driver has a prior conviction for drunk driving during the past 10 years.

California driving under the influence (DUI), or driving while intoxicated (DWI) charges can sometimes be bargained down to infractions with far less serious repercussions than a DUI conviction. Depending on the facts of the case, a DUI lawyer in San Francisco who focuses on drunk driving defense may be able to negotiate a plea bargain that involves pleading guilty to a lesser charge such as traffic infraction.

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