Many California DUI cases can be fought on a number of issues, ranging from motions to suppress chemical test results to arguing the operation element at trial. However, a truly experienced California criminal defense attorney can recognize when a client risks more by taking a case to trial than by pleading guilty. Indeed, prosecutors and judges often assign significant weight to a defendant’s willingness to take responsibility for his actions and may recommend or impose significantly reduced sentences in some instances.
Earlier this month, a state appellate court issued an interesting opinion in a California DUI case requiring the court to determine if the defendant’s sentence following an open (non-negotiated) guilty plea must be reversed because she was sentenced by a judge other than the one who took her plea. The opinion is interesting for several reasons, in part because it acknowledges the reality that a defendant’s sentence can significantly depend on the propensities of the judge hearing the case.
The Facts of the Case
According to the court’s opinion, the defendant was driving while intoxicated when she lost control of her vehicle. The vehicle rolled over, and in the process, the defendant’s eight-year-old son was thrown from the car and died. The defendant was charged with numerous offenses, including gross vehicular manslaughter while intoxicated.