There are three ways most cases are handled in court.

1. plead guilty or no contest.

2. come back with your private attorney.

3. come back with a public defender.

Only if you are indigent (you have little or no money) should you get a Public Defender. In order to get a Public Defender you and your spouse must answer a number of questions about your finances: where you work, how much you make, what cars you own, how much cash you have in the bank and other information. Then you must swear the answers are truthful under the penalty of perjury (a felony).

When you enter the court, you must sit and wait until the judge comes out. Then, arrestees with private attorneys usually are called first.

The first court date is so the attorney can take over the case, get the police reports, request other documents held back and enter your first plea of not guilty at this time.

Remember that feeling guilty about being arrested is not the same thing as being guilty of violating a law.

If you are alone, the only thing you should tell the judge the first time you appear in court is that you want to meet with an attorney who is familiar with drunk driving law to evaluate your case.

If you want to defend your case, there are several types of motions that may be used by you or your attorney.

These include motions to suppress evidence, suppress test results, suppress incriminating statements, dismiss the case altogether, dismiss the prosecutor or dismiss the judge. Any of these may be used in your case.

Eventually your case comes to a judge or jury trial where the prosecutor must meet the standard of proof “beyond a reasonable doubt.” The only way to avoid a jury trial is to take a plea bargain. A plea bargain means giving up your rights and taking a deal to avoid trial.

A “wet reckless” is the most common plea bargain in California law. It is not necessarily the deal to take. A wet reckless has the same effect as a DUI conviction in most cases. A wet reckless may count as a prior DUI offense which could be used in the future to “enhance” the punishment in a new or future DUI charge.

Another plea bargain is a plain reckless driving (dry reckless). And, of course, a plea bargain could include any minor traffic offense rather than a misdemeanor conviction.

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