Los Angeles Driving Offenses – Frequently Asked Questions
Driving offenses are among the most common criminal charges in Los Angeles. Given how essential driving is in daily life, anyone facing charges for driving-related offenses typically has urgent and critical questions. At Kraut Law Group Criminal & DUI Lawyers, Inc., we strive to provide clear and detailed answers to help you understand your situation and the potential consequences.
Q: “Can I Lose My License if Convicted of a Driving Offense?””Yes, license suspension or revocation is a common consequence for certain driving offenses. Under California law, convictions for crimes like DUI (California Vehicle Code § 23152) often trigger automatic license suspensions. Additionally, even if you're not convicted in criminal court, the DMV can independently suspend your license administratively. To challenge this suspension, you must request a DMV Administrative Per Se hearing within 10 days of the arrest.
Other driving offenses, such as reckless driving (Vehicle Code § 23103) or exhibition of speed (Vehicle Code § 23109(c)) usually add two points to your DMV record. Accumulating too many points (four points within one year, six within two years, or eight within three years) can result in a negligent operator suspension, restricting your driving privileges for up to six months or longer.
Q: “Can I Be Criminally Charged for Being in a Car Accident?”Yes, you can face criminal charges following a car accident, depending on the circumstances:
- DUI-related accidents: If you were driving under the influence and caused injury or death, charges like DUI causing injury (Vehicle Code § 23153), vehicular manslaughter under the influence (Penal Code § 191.5(b)), or gross vehicular manslaughter while intoxicated (Penal Code § 191.5(a)) may apply.
- Accidents without impairment: Even without drugs or alcohol, causing a fatal accident can lead to charges of vehicular manslaughter (Penal Code § 192(c)(2)) or gross vehicular manslaughter (Penal Code § 192(c)(1)), depending on the severity of negligence involved.
Q: “What Are the Penalties for a DUI Conviction?”Penalties for DUI convictions in Los Angeles depend on the severity of the offense and prior convictions:
- First-time DUI: Typically includes probation, fines ($390-$1,000), mandatory DUI classes, and possible jail time (up to six months). A license suspension for at least four months is also standard.
- Second and subsequent DUIs: Higher fines, longer license suspensions, increased jail time, mandatory alcohol treatment programs, and installation of an ignition interlock device (IID).
Q: “Do I Need an Attorney for a Driving Offense?”Retaining an experienced criminal defense attorney is highly advisable, especially for DUI and serious driving offenses. Attorneys can challenge evidence, negotiate plea bargains, handle DMV hearings, and represent you effectively in court. At Kraut Law Group Criminal & DUI Lawyers, Inc., our attorney, Michael Kraut, brings over 14 years of prosecutorial experience, significantly improving your chances of a favorable outcome.
Q: “Can My Charges Be Reduced or Dismissed?”Depending on your case specifics, charges can often be reduced or dismissed. Skilled defense attorneys may successfully argue for reduced charges (like a DUI being reduced to reckless driving, also known as a "wet reckless") or have charges dismissed entirely due to procedural errors, insufficient evidence, or constitutional violations.
Q: “What Is Reckless Driving and Its Penalties?”Reckless driving (Vehicle Code § 23103) involves "willful or wanton disregard for the safety of persons or property." Penalties include probation, jail time (up to 90 days), fines ($145 to $1,000), and two points on your driving record. It can also significantly impact insurance rates.
Q: “What Happens if I Drive with a Suspended License?”Driving with a suspended license (Vehicle Code § 14601) can result in severe penalties, including jail time (up to six months for a first offense), fines, probation, vehicle impoundment, and further suspension of your driving privileges.
Q: “How Do I Get My License Reinstated After Suspension?”To reinstate your license after suspension:
- Fulfill all suspension terms (wait periods, DUI programs, or court orders).
- Provide proof of insurance (SR-22 form).
- Pay all applicable fees.
- Pass required DMV tests (if applicable).
Q: “What Should I Do if Pulled Over for a Suspected DUI?”If stopped for suspicion of DUI:
- Remain calm and polite.
- Provide license, registration, and insurance when asked.
- You can politely refuse field sobriety tests (FSTs) and preliminary breath tests (PBTs), but you must submit to chemical testing if arrested under implied consent laws.
- Contact a defense attorney immediately after release.
Q: “Can I Refuse a Breathalyzer or Chemical Test?”California's implied consent law requires you to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusal to test can result in harsher penalties, including mandatory license suspension for at least one year, additional fines, and possible jail time.
Q: “Can DUI Convictions Affect My Employment?”DUI convictions may negatively impact employment, especially for jobs requiring driving, professional licenses, or security clearances. A DUI conviction remains on your record for ten years, potentially affecting future job prospects and background checks.
Why Choose Kraut Law Group Criminal & DUI Lawyers, Inc.?Attorney Michael Kraut, a former Deputy District Attorney with over 14 years of experience, offers knowledgeable, aggressive defense strategies tailored to your unique circumstances. Kraut Law Group Criminal & DUI Lawyers, Inc. prioritizes client communication, meticulous case preparation, and results-driven defense representation to secure the best possible outcomes for our clients.
Contact Us for Immediate Assistance If you or someone you love has been charged with a driving offense in Los Angeles, do not hesitate to contact Kraut Law Group Criminal & DUI Lawyers, Inc. Our offices are conveniently located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028.
For immediate assistance, Michael Kraut is available 24/7 at (888) 334-6344 or (323) 464-6453 or using our online form.
Client Reviews
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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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