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PLEASE HELP: First Time DUI arrest, court disposition Alcohol & Drugs: DUI, DWI

Discussion in 'Criminal Charges' started by Kiravel, Oct 5, 2020.

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  1. Kiravel

    Kiravel Law Topic Starter New Member

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    Jurisdiction:
    California
    My question involves criminal law for the state of: California

    Hi,

    I was arrested for DUI and then my case was dismissed in the court. The court disposition mentions below details. Can someone proficient with law tell me in simple terms what does the below points mean? (In Bold). Also, my lawyer told, I was not charged and my case was dismissed in the court of law. Does the below disposition say that I am not guilty and case dismissied?

    Case Filed on date ******
    Complaint Filed, Declared or Sworn to charging defendant with having committed, on or about $DATE in the county of Los Angeles, the following offense(s) of: Count 01: 22348(B) VC INF

    Next Scheduled Event:
    Arraignment - East Los Angeles Courthouse

    On ****** Case called for arraignment
    Parties: Judge, Clerk, DA, Rep(defendant not present but represented by private counsel, appearing by counsel pursuant to penal code section 977 ET SEQ)
    A copy of the complaint and the arrest report given to defendants counsel

    Defendant waives arraignment, reading of complaint, and statement of constitutional and statutory rights
    Defendant advised of and personally and explicitly waives the following rights:
    -Trial by court
    -Court accepts plea
    -Waives time for sentence


    Next Scheduled Event:
    Sentencing
    as to Count 01: Defendant having been duly arraigned for judgment and there being no legal cause why judgment should not be pronounced against him, the court orders the following judgment:

    - Pay a fine of $$$ plus a state penalty fund assessment $$$, criminal fine surcharge $$$, court security assessment, criminal conviction assessment, emergency medical air transportation act fund, traffic school fee, citation processing fee
    - Defendant to pay fine to court clerk
    - Defendant shall enroll in an authorized traffic school program
    - Defendant to be given 2 months to complete

    Count 01: DISPOSITION: Traffic School Referral
    DMV Abstract not required

    Case called for proof
    Count 01: Is Dismissed: Traffic School Dismissal


    Next Scheduled Event:
    Proceeding TERM & CLDR CANCEL
     
  2. army judge

    army judge Super Moderator

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    No one other than the lawyer who represented you is equipped and prepared to answer questions related to your legal proceeding.

    I suggest you speak ONLY to your lawyer of record regarding any questions you have about the outcome of your case.

    I also suggest you should protect and guard your privacy.
     
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  3. mightymoose

    mightymoose Moderator

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    It appears you were not charged with DUI but for speeding.
    Perhaps your lawyer arranged for the DUI to be dropped in exchange for a guilty plea on the speeding offense, which can be charged as a misdemeanor.
    On the completion of traffic school your speeding offense was apparently dismissed, which is a bit surprising for that particular offense as it is not typically an option.
    Your lawyer will be able to explain what happened best. It appears you received excellent service.
     
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  4. adjusterjack

    adjusterjack Super Moderator

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    I didn't notice that before. That's speeding over 100 mph.

    This is the third site that I've seen your post this morning. I suggest you talk to your lawyer if you aren't sure of your status. Or, visit the court and review your case file instead of relying on the docket.
     
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  5. Kiravel

    Kiravel Law Topic Starter New Member

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    Thanks a ton for lucidly explaining the details. That explains why I don't see the DUI charge on my driving record.

    My lawyer asks for additional charge to go over my file again. I think at this point it's clear to me that I was arrested but was not charged for DUI. Appreciate your time and response.
     
  6. Kiravel

    Kiravel Law Topic Starter New Member

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    Thanks for your suggestion. I did post in three sites so that I can get responses fast as I need to submit my employment questionnaire soon. Thanks for your time.
     
  7. mightymoose

    mightymoose Moderator

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    You may have another issue regarding your application. The wording of the question can change your answer.
    You may well have an arrest record with the police showing a DUI, but you were uktimately not charged or convicted for DUI.
    It appears you escaped with an infraction that was then dismissed by completing traffic school, which is incredibly fortunate for you if the DUI was legit.
     
  8. army judge

    army judge Super Moderator

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    That is one answer.

    Another answer might be that you were arrested for DUI (or whatever it was), and the prosecutor decided there wasn't enough evidence (or didn't want to screw you, or spend lots of time pursuing a DUI), and decided to charge you with speeding.

    Or, you might have found one of the greatest DUI lawyers in yoru area.
    If that is so, make sure you never need his services again, but DO tell anyone who needs a "Perry Mason" to keep them outta the slammer!
     
  9. Zigner

    Zigner Well-Known Member

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    A California employer, generally, shouldn't be asking you anything about criminal convictions on your initial application. There are some exceptions.
     

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