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Call for a FREE Adult DUI Offense Consultation
in Orange County
Daniel C. Grupenhagen Attorney at Law
2082 S.E. Bristol Street Suite 217
Newport Beach, CA 92660
949-252-9006
949-252-9008 fax |
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I Serve the following cities in Orange County,
California
Anaheim, Aliso Viejo, Balboa, Brea, Buena Park, Corona Del Mar,
Costa Mesa, Coto De Caza, Cypress, Cerritos, Dana Point, Foothill,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine,
La Habra, La Palma, Los Alamitos, Laguna Beach, Laguna Hills, Laguna
Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo,
Midway City, Newport Beach, Orange, Placentia, Rancho Santa Margarita,
San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton,
Sunset Beach, Tustin, Trabuco Canyon, Villa Park, Westminster,
Yorba Linda |
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Wet Reckless or Reckless Driving Involving Alcohol (Priorable as a California DUI)
California Vehicle Code§ 23103.5
a. 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.
b. 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).
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.
d. 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.
e. 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.
f. 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.
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