Under Penal Code Section 17(b), if you are convicted of a felony that is a “wobbler” the Court has the ability to reduce your felony conviction to a misdemeanor. A “wobbler” is a crime that can be charged as either a felony or a misdemeanor. A violation of Vehicle Code Section 23153 is a “wobbler”. VC 23153 is a DUI that results in injury to a person other than the person convicted of a DUI.
The format for reducing the felony to a misdemeanor requires the filing of a motion with the Court, and a hearing.
What do you do if you’ve had a DUI arrest? First, get that DUI hearing taken care of within 10 calendar days of your arrest, even if you aren’t going to fight the DUI! Second, preserve evidence…This video lays out the three essential steps to protecting your rights and giving you some control over the process.
If you have been arrested for a DUI, want to learn more about DUI California law or are simply looking for a San Jose DUI attorney, this blog is for you. First, check out this video. Then scroll down for more information.
DUI California law can be complex, confusing and oftentimes counter-intuitive. We hope to simplify DUI California law so that you can make the right decisions and at the right time. Please read the disclaimer at the bottom of each page carefully before you act. This blog is written and edited by Leo Reilly, a San Jose DUI attorney.
There are several ways you can find the answers you are looking for.
- Start with the Categories list on the right side of this page and see if you can find the topic that fits your question.
- If you cannot, then feel free to call us at (408) 283-0574 and we will try to answer your question at no cost.
- Also check out our You Tube Channel–DUI 101, which you can find on the menu bar above. We have a collection of video tutorials that can provide you with more information about DUI and DMV law.
- Check out our Resources and Links page to find the DMV Hearing Request Form, sample DMV driving tests and links to the DMV and other sites.
Finally, if you have any questions or comments, or simply want to speak with a San Jose DUI attorney, you can reach us through our Contact Us page or as follows:
Leo P. Reilly
Attorney at Law