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California speeding/reckless driving charge and dui?


I recently got a ticket for going 116 (bad, I know). First offense. I also got a DUI at the same time, but I don't know what for. The only thing I had were my prescriptions medications, which were in the car with me. I was taken to jail and given a blood test, they didn't tell me at first that they were doing it and I was never told what I was under the influence of.

I was wondering what the fines/punishment for this could be, what I can do to help myself out since I go to court in 8 days. I've pretty much decided that I'm going to plead guilty or no contest to the speeding charge. As for the DUI, I'm unsure what to do.

Any ideas/suggestions/help?

Thanks.

I'd like to add that the DUI wasn't from alcohol. The only things I was on were antidepressants and anti-anxiety medications (Lexapro and Xanax)

First, pleading no contest is EXACTLY THE SAME as pleading guilty. The only effect that such a plea has is that in a misdemeanor case is cannot be used as an admission in a civil suit, which in traffic cases is usually meaningless unless there was an accident.

Second, driving over 100 mph is not automatically reckless driving, but it is a violation of VC 22348(b), which carries a scheduled fine of $760, and possible 30-day license suspension. If you are charged with reckless driving, that is a misdemeanor with a scheduled fine of $564, and a possible maximum punishment of a 90 day jail sentence.

Of course, the most serious charge is the DUI, and you can be convicted of that offense for being under the influence of prescription medication, or any other substance (but not for just being tired). Conviction of that offense will involve substantial fines, possible jail time in many places, period of probation ranging from three to five years, mandatory classes, etc.

Richard has given you the correct advice: you do NOT want to deal with this without an attorney. If you cannot afford to pay an attorney, the court will appoint an attorney to represent you.

DUI doesnt mean just alcohol. It means Driving Under the Influence. You could be too tired and they can charge you with DUI. You could be on sleeping meds and they can charge you. It is the discretion of the arresting officer to determine how much under the influence you are. Does Xanax come with a warning to not drive? If so, well I will leave that one alone.

GET A LAWYER!

116 plus a DUI in California means you're looking at jail time if you just walk into court and plead guilty.

Richard

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