What is a wet reckless? Formally known as Alcohol Related Reckless Driving, A “Wet reckless” is a plea bargain from DUI charges that allows an individual to face a more lenient sentencing scheme, when they were initially charged with driving under the influence of drugs or alcohol or both.  If the case is weak in regards to evidence, having a BAC level below or slightly above 0.08, or if there are no priors on record for the defendant, prosecutors will be more inclined to offer this plea bargain. Contrary to popular belief, having a 0.08 BAC or below can still …

The Cost of Driving Under the Influence. Not looking at the social stigma, personal embarrassment and potential for serious injury or death that comes with driving under the influence of alcohol, drugs or both, the price alone can be enormous and should be given serious thought before anyone thinks of getting behind the wheel after drinking. The average cost of a DUI in California varies greatly. The most common number I hear is $10,000 and some estimates are as high as $25,000 for the total cost of a DUI. I actually think the high end estimate is far too low. …

I was watching a legal marketing podcast the other day, and they were talking about “branding”. No, not the hot metal things you put on horses and cows to identify your livestock. They were talking about getting your name out there and your likeness and your “mark”, if you will.   To tell you the truth, I never wanted to be one of those guys that you saw on T.V. or on a billboard off the freeway. I don’t want to be recognized. I’m not an actor, I’m a lawyer. It is true though, that when I walk into court, people recognize me. I’ve been doing this a long time, yet I’m still surprised when people know my name when …

Clients often want their cases to be over as soon as possible. I always tell them the same thing: Over and over right are two very different things. I find that the “average” California DUI case takes between three to six months to resolve. Some cases take less, some take more time. Here are some of the factors that can affect a DUI case.  Was it a felony or misdemeanor DUI case? Approximately 95 percent of all misdemeanor DUI cases resolve prior to trial. This is by way of plea, dismissal, or some other type of settlement. This could include …

There is often a misconception about when people have the right to have a lawyer help them with their criminal cases in California. The right to counsel is limited in several different ways: The charges, the situation and type of case play important roles.  The landmark Supreme Court case Gideon v. Wainright, found that anyone facing criminal charges is legally entitled to a lawyer furnished by the state if they are found financially unable to secure one for themselves. Before the ruling of this case, the right to counsel only applied to federal cases. Ventura County, like the rest of …

California Penal Code 1001.95 states “A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions”. What exactly does this mean to you? Depending on the criminal charges, it can mean a huge opportunity to earn a complete dismissal of all charges and even avoid a guilty plea.  PC 1001.95, commonly known as Judicial diversion, gives a judge the opportunity to “divert” an individual’s case for a period of to 24 months, If the person agrees …

One of this country’s most significant laws, the Fifth Amendment, gives individuals the right to remain silent. This is a broad right which allows us to avoid questioning from law enforcement when in custody. Since the seminal case of Miranda vs. Arizona, police are required to give “Miranda” warnings when two things apply: 1. The subject is in police custody and, 2. They ask questions or make statements which are reasonably anticipated to gain incriminating responses.  These warnings are intended to aid people in preserving their ability to avoid self-incrimination. Often, people fail to invoke this right as they feel …

The Second Amendment allows Americans to keep and bear arms. However, this right isn’t without its limits. There are many responsibilities required of lawful gun owners. Depending on where you live, local and state laws often differ greatly from federal laws. California has some of the most complicated and restrictive gun laws in the entire country, with severe penalties for anyone that doesn’t follow them. California gun laws are comprehensive. Successfully navigating those laws is not easy. Some common mistakes made by gun owners are: Improperly store their firearms; Unlawful transportation of a firearm; And owning a restricted firearm. Each …

Picking the right lawyer for your DUI case A DUI charge is one of the most common criminal charges in California. On average, 125,000 DUI arrests happen in California every year. People sometimes forget how common it is and don’t realize it can happen to anyone. What do I do if I get arrested on DUI charges? Do I hire a lawyer? What Should I look for when hiring a lawyer? How can I trust that this is the right lawyer for me? These are all important questions to ask as they can ultimately make the difference between you getting …

Don’t Give the Pricks the Satisfaction Hi, My name is Jeffrey Vallens, and I’m a criminal defense lawyer in Southern California. I’ve been practicing criminal and DUI defense for nearly 30 years. For years, people have been asking me questions like, “What should I do if I get pulled over for DUI?” and “Which test should I take, blood or breath?” and especially, “Will I go to jail?”. Today I’m here to tell you not to give the pricks the satisfaction. What does that mean? Any cop worth his weight in dog shit will tell you that the little things …