Under California state law, a person who drives a motor vehicle in willful or wanton disregard for the safety of persons or property can be convicted of reckless driving, which, if the District Attorney (DA) agrees, can possibly serve as an alternate negotiated plea disposition to your Bay Area DUI charge. (Vehicle Code § 23103.) Reckless driving is a so called “lesser-related offense” of DUI, and an experienced Bay Area DUI attorney can possibly obtain a favorable plea agreement for reckless driving on your behalf, instead of DUI.
Happy New Year from Trujillo Law Offices!
The turning of the New Year inevitably means that some new laws will go into effect across the Golden State. We will be keeping our eyes on all of the new rules and statutes affecting criminal law practitioners. Here, I discuss the first of two new DUI-related laws in California. Both legislative actions indicate California’s tendency to increase penalties for DUI.
Preliminary Alcohol Screen (PAS ) Test F.A.Q.
One question I am often asked is whether a driver has the right to
refuse to take the roadside Preliminary Alcohol Screen (PAS) test
after being pulled over for suspected driving under the influence of
alcohol (DUI). Vehicle Code section 23612 authorizes the arresting
officer to use the handheld PAS device to determine the level of
alcohol in a driver’s blood. However, this statute also states that
the PAS test is voluntary.