DUI Defender

It suprised many observers that Paris Hilton was remanded into custody earlier today. The simple fact of the matter is she is being treated differently because of her celebrity. Most cases that I have handled that involve driving on a suspended license for an alcohol related offense (California Vehicle Code 14601.2) do not end up in jail, in fact, most appear with a driver’s license and have their cases reduced to either a misdemeanor or infraction “driving without a license.” (CVC 12500). In the rare case, when the defendant has a series of these types of offenses “priors” (more than 2) the person is looking is looking at time in custody.

The Judge ordered Paris into the overcrowded Los Angeles County Jail system. The reality is, in Los Angeles County, no one does all the time to which they are sentenced. The Sheriff must make decisions everyday regarding housing, sometimes he must release lesser criminals to provide housing to more serious criminals. Who will be released so that Paris Hilton will remain in jail? The sad fact is that because of the Judge’s decision today, the Sheriff will lose a cell into which one (or more) more dangerous person(s) could be put, because Paris needs a lesson.

Ahhhh, but now I digress, the reason that this situation is so offensive is that if Paris and her representatives had hired competant DUI counsel she might not be in jail. While I am not intimate with the facts of her case, in fact I know only that her blood alcohol concentration was .08 (right at the legal limt), I strongly believe that if the State had been forced to prove their case, she would not have an alcohol related offense on her record. I think that, regardless of public opinion of her (both good and bad) she would have either been acquitted of the DUI charge after trial, or the prosecutor would have reduced the case to a non-alcohol related offense. Her counsel (legal and/or otherwise) failed her and set her up for the soap opera that her life has become. And, if her defense attorney explained to her the choices, and Paris chose to “plead out” then she shouldn’t be singled out for preferential punishment, she should have been sentenced like others for similar offenses, she should do whatever time is the average for a forty five day sentence and allowed to move on with her life.

While not all of us have the resources to fight a case like Paris Hilton could have, we all can take a lesson and consult with an attorney who is knowledgeable in the area of law that is important to our legal problem, find out what our possible defense are and what are the possible outcomes. A lawyer that regularly practices in the field should be able to tell you what the pros and cons of your case are, without costing you a penny. Consult a lawyer, get informed.

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