Our Los Angeles DUI lawyers have defended many clients charged with felony driving under the influence charges due to injuries sustained by the other driver or passenger. In felony DUI cases where our client was driving recklessly with a high blood alcohol level, causing an accident resulting in injuries, the Los Angeles County prosecutor would typically seek a significant jail sentence. A DUI-causing injury case is covered under California Vehicle Code 23153.
Therefore, avoiding incarceration in these types of DUI cases is our top priority. It's important to note that California Penal Code 12022.7 allows an additional three years in prison for anyone who was convicted of a felony case that involved a great bodily injury to another person.
This is known as a great bodily injury (GBI) enhancement and is defined as a “substantial physical injury.” It's an injury more than minor or moderate harm that includes broken bones, serious cuts, concussions, and even soft tissue injuries that require medical treatment.
If you have been charged under VC 23153, you must immediately consult our Los Angeles criminal defense lawyers to review your case and legal options. Avoiding jail time and harsh DUI penalties is our priority, and we need to review the best legal strategies moving forward with your case. Let's review some of these strategies below.
Plea Negotiations
In plea negotiations with a Los Angeles County prosecutor, getting them to dismiss a great bodily injury enhancement under PC 12022.7 may be possible. This could occur in felony DUI cases when the victim's injuries are not that serious, in cases where the defendant paid full restitution to the satisfaction of the victim, or when the defendant has earned the consideration of leniency by demonstrating remorse and taking actual direct steps to deal with sobriety.
In DUI causing injury cases where a defendant is granted probation, the judge has the authority to impose a sentence that doesn't include state prison time even if they pleaded to felony DUI. However, it's important to note a defendant who has been convicted of a felony DUI with GBI is typically not eligible for probation.
Most defendants charged with felony DUI causing injury are mainly concerned with avoiding time in jail. Let's review the factors judges and prosecutors consider when deciding whether a defendant should be shown leniency after being charged with a DUI injury case in violation of California Vehicle Code 23153.
Rehabilitation and Treatment
A main factor used by the court and prosecutor to determine whether a defendant should be shown leniency in felony DUI causing injury cases is the defendant's commitment to rehabilitation and treatment. This takes place in many forms, but a good start would be attending Alcoholics Anonymous meetings.
When defendants attend these AA meetings, they take with them a routine log sheet that is signed by the supervisor holding the meeting. If a defendant can demonstrate consistent attendance, especially in cases where they have not been ordered by the court to attend, it will clearly show their positive and proactive attitude toward addressing their issue with abusing alcohol.
In cases where a defendant may have a more serious issue of being an alcoholic, there are formal treatment options such as outpatient or even inpatient rehabilitation treatment.
Typically, these rehabilitation facilities are familiar with the Los Angeles County criminal court system and will provide written progress reports and evaluations to show a defendant's commitment to rehabilitation. In some cases, our criminal defense lawyers might be able to bargain a court-ordered stay in a rehab facility instead of jail time with the prosecutor.
Victim Restitution
Yet another factor in an attempt to avoid jail time in a VC 23153 DUI causing injury case is restitution to the victim. This payment should be made as soon as possible. Prosecutors and judges are typically concerned with the financial hardship sustained by an injured victim, including lost wages, medical bills, and treatment.
In cases where a victim might not receive immediate compensation, they are placed in a position to attempt to collect restitution months or years after the accident. In many cases, this is financially devastating. Therefore, the court considers it a significant positive factor when a defendant makes quick and full restitution to the victim.
Mitigation Package
Another step at avoiding jail time in DUI-causing injury cases includes the preparation of a mitigation packet that lists the defendant's efforts to make a positive change. This package would consist of documentation of character references from members of their family, friends, and co-workers.
It could also document volunteer work in the community, at church, or other issues demonstrating the defendant's positive conduct. The mitigation package attempts to show good moral character and a positive impact on the community. It's important to note that absent mitigating information, the court only sees the defendant's conduct charged in DUI causing injury cases that might not accurately portray their lifestyle.
SCRAM Bracelets
Another potential method to avoid jail time in a VC 23153 DUI causing injury case is convincing the prosecutor not to pursue a jail sentence if the defendant volunteers to wear an ankle bracelet that detects blood alcohol.
This type of device is called a SCRAM bracelet. After it has been installed, it will monitor the defendant's blood alcohol level and produce automated reports to the company providing the service and the court in cases where the device detects alcohol consumption or tampering with it.
SCRAM bracelets should be noted as not always being 100% accurate. Still, they are typically trusted technology by Los Angeles County criminal courts, and participation in the program is considered a good faith effort in sobriety.
Contact us To Prepare Your Defense for VC 23153
Suppose you have been charged with California Vehicle Code 23152, felony DUI causing injuries. In that case, you should immediately consult with our law firm to review the details of your case and legal options for avoiding a conviction or jail sentence.
Our law firm partners have decades of combined experience defending felony DUI cases. The first step in your defense is a thorough review of your situation to develop an effective strategy to keep you out of jail. We understand the DUI court process and will give you an honest assessment and discuss the best possible outcomes. We offer a free case evaluation.
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