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September 4, 2017 | admin Can Proposition 47 Provide a Reduction to my Los Angeles DUI Case?
As you are likely aware, Proposition 47 officially came into force in Los Angeles back on November 5, 2014. This new regulation dramatically reduces many felony cases down to a misdemeanor providing that certain stated conditions are met. This one proposition essentially makes it possible for certain offenses to be charged as a misdemeanor when they would have b been charged as a felony before Prop 47 came into effect. As you can likely imagine, however, there are certain parameters that must be met. Not every felony will be reduced down to a misdemeanor.
Here Is What You Need to Know
The overarching objective of Proposition 47 is to save money on law enforcement and redirect that money back to community activities such as education. The amount of money being spend on locking people up in prison in Los Angeles is staggering, to say the least. Proposition 47 was largely seen as a way to address this for certain offenses that are not viewed as threatening to the community. It is important to note that Proposition 47 does automatically apply to every case, as each one is looked at individually to determine what can be done with the lessening of the charge.
In many cases, if you have a previous record of criminal activity, you might not qualify. Of particular note are any rapes, gun offenses, or sexual offenses. Proposition 47 would rarely apply in such situations. In essence, the court is asked under Proposition 47 to consider all of the facts presented to them in regards to an individuals previous criminal record, as well as the current case in front of them, before determining if the sentence can be reduced as a result of Proposition 47.
Some Interesting Notes About Proposition 47
Any person currently serving time in Los Angeles for a conviction handed down prior to Proposition 47 coming into effect can qualify for a sentence reduction if applicable. In such a situation, the case would be reevaluated and a new sentence will be issued. In some cases, this could result in immediate release depending on the time already served.
You will want to note that driving under the influence convictions in Los Angeles do not qualify as an offense under Proposition 47 that can be reduced to a misdemeanor. There are currently a small list of offenses that do qualify under this proposition. They include the following value related crimes: shoplifting, grand theft, receiving stolen property, forgery, fraud, and writing a bad check. In each of these cases, the value of the stolen property or fraudulent activity is not to be over $950. Also qualifying under Proposition 47 is a conviction for the personal use of most types of illegal drugs.
Back to DUI Offenses in Los Angeles
As mentioned, a DUI does not necessarily qualify as a covered offense under Proposition 47, but that does not mean you are without hope when trying to get your DUI sentence reduced. There are actually quite a few options available under existing Los Angeles law. Let us briefly describe those below, and then you can feel free to call our office to discuss your specific case.
The Fourth Amendment is a common defense against a DUI charge. If you can show that your 4th Amendment rights were violated as evidence was gathered to use against you, it may not be admissible in court and should not be used against you. If you can get this evidence to be thrown out of court, the prosecutions case against you may be weakened to the point that the charges are dismissed.
There is also the rising alcohol defense to consider. This is a principle of law that talks about the reality that your BAC level may not have been high at the time you were driving, but only rose after you were stopped and tested at the police station. In such a situation, you were not actually operating a motor vehicle at that point and the DUI should be thrown out.
In the end, you need a professional and experienced DUI lawyer on your side to mount a solid defense on your behalf. Feel free to contact our office for a consultation about your case and then go from there.