Charged with DUI with Injury one count 23153 a/b Felony.

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This is my first DUI with injury. Got a DUI over 12 years ago can that be used a prior. The other person was not badly hurt, Thank God! What would be a typical sentence for a charge like this; as a Felony & Misdemeanor? I am not on probation, parole, and no other record issues. How likely is it that I will be sentence to prison. Would a local Lawyer be best? What should I be looking for in a Lawyer; to help me in this case?

Attorney Answers

4
John Kaman ·
For a felony dui you need a lawyer. In my opinion a local lawyer that is familiar with your court's practices is best. Of course there are excellent dui lawyers that practice statewide but I favor the local touch.
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George Mueller ·
Two words: Randy Moore http://www.moorelawfirm.com/ Randy successfully handles Felony DUI cases in San Jose, California. Here's a sample of what you should be looking in a DUI Defense Lawyer, from his website: f you want Mr. Moore "the King" of DUI" to represent you in Jury Trial, or provide you with a serious defense, he is available for all California state courts. In DUI defense, selection of your lawyer makes all the difference. Finding a lawyer with a significant history of successful defense and committed to winning against a DUI arrest ,the "impossible" case, is chancy. Few Attorneys in the state have demonstrated a record of success in DUI Jury Trial. However, many criminal lawyers accept these cases anyway. Many even promote and market themselves as DUI Attorneys without a history of success. Admittedly, a winning history is no guarantee of success in the future or in your individual case. But you may want to consider a winning history when selecting your Attorney. You may wish to consider a winning history as well in selecting your lawyer to defend against suspension of your drivers license in the Admin Per Se DMV administrative license suspension hearings. Mr. Moore says: "compare and beware". It is your choice.
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Theodore Robinson ·
While I don't practice in your state, here is my answer. I've been a criminal defense lawyer for 35 years in NY and can tell you it makes the most sense to hire a local attorney. They know the Judges and the DAs and they are usually known by them as well. Ask the attorney how many DWIs he/she has handled in the last few years and ask how many trials they've tried. Also, ask their win/loss ratio. However, don't be too impressed with the percentage because that rate of wins/losses is dependent in large part upon the cases themselves. Often the better the lawyer becomes, the worse their victory record becomes. That's because, as they get more well known, more of the hardened cases and more difficult or "impossible" cases gravitate towards them and they take them on, do their very best, yet still lose. Remember, its the case that loses, not necessarily the lawyer. The best way to determine if you want to hire a particular attorney is to interview them and get a feel for them. If your "gut" says "this is the one for me" - follow your "gut". You usually can't go too far wrong by following your gut instincts. Good luck.
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Robert Marshall ·
I'm puzzled why you think a DUI over 12 years can be used as a prior. California law allows another DUI conviction within TEN years to be used to enhance your current conviction. If you have three prior misdemeanor DUI convictions within the past ten years, or one felony DUI conviction, any new DUI may be charged as a felony. In reviewing your criminal history, the judge might consider your conviction from 12 years ago, but it's pretty remote. Note that judges are now required to advise everyone convicted of DUI, by plea or trial, that it is dangerous to drive while intoxicated, and they could be charged with murder if they kill somebody while driving drunk. This advisement is to make it easier for the prosecution to prove the person knew how dangerous drunk driving can be if, god forbid, they do kill somebody in the future.
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