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Are Some Cities & Courthouses
Harsher on DUI Offenders than Others?
Yes. Absolutely. While judges and prosecutors
everywhere are under pressure to crack down
on DUI offenders, some locations are much harsher
than others. The simple fact is that where
you got your DUI greatly affects your chances
of beating the case, working out a sweet charge
reduction or staying out of jail.
Which Southern California DUI Courts are Strict,
Which are More Lenient?
Let’s go down the list, from most strict
to most lenient.
Ventura & Riverside County DUI Cases
The worst places to get a DUI arrest are Riverside
County and Ventura County. Both of these counties
have a policy of imposing jail time even in
a first offense DUI (though this can usually
be served as part of a work release program).
The Riverside
County D.A. agrees to reduce
a DUI charge (such as down to a reckless driving)
only in rare and exceptional circumstances—such
as a case with a very low BAC or very weak
evidence. The Ventura
D.A. has a policy of
not engaging in plea bargains at all in DUI
cases. Ventura will simply dismiss the DUI
case altogether if the evidence is sufficiently
weak, but will not reduce the charge to a lesser
offense.
Orange County DUI Cases
Orange County is known as a bastion of conservatism,
and this political climate certainly extends
to DUI policy. The prosecutors here are reluctant
to reduce DUI charges, especially to a dry
reckless or exhibition of speed. But they will
do so in appropriate cases. Experienced Orange
County DUI lawyers who work these courts know
how to get good deals.
The toughest Orange County DUI court tends
to be the Fullerton North Justice Center, followed
by the Harbor Justice Center of Newport Beach
and Laguna Nigel. The Westminster West Justice
Center and the Santa Ana Central Justice Center
are better. The absolute worse place in Orange
County to get a DUI is Anaheim. These cases
are handled by the Anaheim
City Attorney’s
Office, which tends to be the most difficult
in terms of securing favorable plea settlements.
San Bernardino County DUI Cases
When you cross into San Bernardino County,
the climate becomes better for defending DUI
cases. While San
Bernardino County D.A. Michael Ramos has pledged to come down hard on drunk
drivers, the reality is the court system here
is jammed with more criminal cases than it
can handle. Moreover, juries here tend to be
critical of the police, especially in the Eastern
parts of the county. As a result, insightful
San Bernardino
County DUI lawyers can work
the system to get good deals for their clients.
The toughest court for DUI defendants in San
Bernardino County is Rancho Cucamonga, followed
by Chino. The DUI courts in San Bernardino,
Fontana, Victorville and Barstow tend to be
better for the accused. This largely has to
do with the demography of the background communities
and jury pools.
Los Angeles County DUI Cases
Of the Southern California Counties, Los Angeles
tends to be the most favorable for those fighting
DUI cases. The court system is overwhelmed
with cases, and DUI jury trials yield a good
number of acquittals. Consequently, experienced
Los Angeles County DUI attorneys can often
get excellent deals for their clients.
Within Los Angeles County, however, geography
remains a significant factor. The harder places
to fight DUI cases tend to be Long Beach, Pomona
and the San Fernando Valley. The best places
are the more urban courthouses, such as the
Metropolitan Courthouse on Hill Street, the
East L.A. Courthouse and the Compton Courthouse.
What Makes Some Cities & Courthouses Tougher
on DUI Cases Than Others?
The biggest factor is the demography of the
local community—the sorts of people who
would be sitting on the jury if the DUI goes
to trial. Some communities are mostly white,
middle-class, conservative people who trust
the police and tend to side with the prosecution
in criminal cases. Good examples are Simi Valley
or Newport Beach. Other communities are more
urban, more diverse, less affluent, and tend
to be more suspicious of the police. Good examples
would be Bellflower or the city of San Bernardino.
The backdrop of DUI plea negotiations is the
likelihood of conviction or acquittal if the
case were to go to jury trial. The more confident
the prosecutor is of securing a conviction,
the less willing he will be to offer a good
deal; the less confident he is, the more willing
he will be. And of course, a primary factor
affecting the likely outcome of a jury trial
is the composition of the jury pool.
Another important factor is the number of
prosecutors and courtrooms available for trial
in relation to the number of criminal cases
being set for trial. It’s simple supply
and demand. Some locations have plenty of judges,
courtrooms and prosecutors to accommodate cases
set for trial. Other locations are jammed with
more trials than they can handle. The latter
locations are forced by necessity to lower
the “market value” of DUI cases—i.e.,
to offer better deals—so that more cases
will resolve rather than go to trial.
No matter how touch or strict a particular
court or D.A.’s Office is, however, a
top Southern California DUI attorney can often
help you to prevent a DUI conviction and to
keep your drivers license. But it’s not
enough that the lawyer excel at DUI defense
tactics. The lawyer must also know the unique
system, officials and politics of the local
court where your DUI case is being litigated.
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