California Penal Code Section 1385 gives judges the authority to dismiss criminal enhancements or, in some cases, entire charges, if doing so serves the interest of justice. This statute is particularly important in DUI cases, where sentencing enhancements such as high BAC levels, repeat offenses, or causing injury can drastically increase penalties.
Recent changes to CA PC 1385 have introduced more opportunities for dismissing an enhancement, even after sentencing. A Los Angeles DUI attorney can help you understand how the California penal code applies to your case, gather necessary evidence, and file a strong motion to dismiss.
With the right approach, this law can provide a way to reduce excessive penalties tied to your criminal offense and create a more balanced outcome.
What Are DUI Penalty Enhancements?
In DUI cases, penalty enhancements are additional criminal charges or penalties that make the consequences of a conviction more severe. These enhancements are applied when certain aggravating factors are present, such as high BAC levels or causing injury to another person. They can result in harsher sentences, higher fines, or stricter probation terms.
Some of the most common DUI penalty enhancements include:
- High BAC levels: If your blood alcohol content (BAC) is 0.15% or higher, you may be subject to mandatory DUI classes, longer jail sentences, and increased fines.
- Repeat offenses: Being convicted of a second or third DUI within 10 years can lead to steeper penalties, including extended license suspensions, mandatory installation of an ignition interlock device (IID), and longer jail terms.
- Refusal to submit to chemical testing: Refusing to take a breath or blood test after being lawfully arrested can result in additional penalties, such as an extended suspension of your driver’s license or mandatory time in jail.
- Causing injury or death: DUI cases involving bodily injury or fatalities can lead to felony DUI charges, state prison sentences, and orders to pay restitution to the victim(s).
Under California Penal Code § 1385, judges can dismiss these sentencing enhancements if retaining them would result in an unjust or overly harsh outcome. This often depends on mitigating circumstances, such as the defendant’s lack of prior offenses and evidence of rehabilitation.
The Judge’s Role in CA PC 1385 Motions
Judges have significant discretion when deciding whether to dismiss criminal enhancements or charges under CA PC 1385. In these cases, the judge must evaluate whether the dismissal serves the interest of justice, taking into account several factors related to the offense, the defendant, and public safety.
Some of the considerations a judge may review include:
- The accusatory pleading: Does the formal charging document accurately reflect the severity of the offense?
- Public safety: Would dismissing an enhancement or charge endanger the community?
- Mitigating circumstances: Does the defendant have evidence of rehabilitation, a documented mental illness, or other factors that lessen their culpability?
- The nature of the offense: Were there aggravating factors that justify retaining the enhancements?
- The defendant’s likelihood of rehabilitation: Is the defendant taking steps to avoid reoffending, such as completing DUI classes or counseling?
- The rights of the alleged victim: Would dismissing an enhancement violate the victim’s right to justice?
Judges must also consider whether the criminal procedure was followed correctly. For example, the judge may review police reports, witness statements, and the accusatory pleading to determine whether the charges or enhancements are supported by credible evidence.
How to File a Motion to Dismiss Under CA PC 1385
To seek the dismissal of an enhancement under CA Penal Code 1385, a defense attorney must file a motion to dismiss. This motion invites the judge to evaluate the case and determine whether dismissing the enhancement or charge is appropriate.
The process of filing a PC 1385 motion involves several steps, including:
Gathering Evidence
The first step in filing a PC 1385 motion is to gather evidence that supports dismissing the enhancement. This includes reviewing police reports for inconsistencies or details that highlight mitigating circumstances, such as cooperation with law enforcement.
Medical records may also be submitted to show physical or mental health conditions, such as mental illness, that contributed to the offense. Additionally, witness statements can provide context or challenge the prosecution’s claims, strengthening the argument for dismissal.
Identifying Mitigating Circumstances
A strong motion highlights mitigating circumstances to show why the enhancement is unjustified. A lack of prior criminal history can demonstrate that the offense was an isolated incident. Evidence of rehabilitation, such as completing DUI programs or treatment, shows efforts to address the behavior.
If the defendant has a mental illness, presenting documentation of the condition can help explain the circumstances of the offense and reduce culpability. These factors can persuade the court to dismiss or minimize the enhancement.
Arguing Against Excessive Enhancements
The motion should argue that the sentencing enhancements are excessive or disproportionate. For example, retaining multiple enhancements may unfairly increase the penalties.
Errors or exaggerations in the accusatory pleading can also be challenged, especially if the enhancements are not supported by evidence. These arguments can help secure a fairer outcome in the interest of justice.
Once the motion is filed, the judge will review the evidence and arguments presented by both sides. If the judge determines that retaining the enhancements would result in an unjust outcome, they may issue a dismissal of the action or reduce the penalties to a more reasonable level.
When Can Penalty Enhancements Be Dismissed?
Under CA Penal Code 1385, judges can dismiss criminal enhancements or charges in several situations. These include:
- Plea agreements: The prosecutor may file a motion as part of a negotiated plea bargain to dismiss certain enhancements in exchange for the defendant pleading guilty to a lesser charge. For example, a defendant charged with driving under the influence may agree to plead guilty to a wet reckless if the prosecutor dismisses enhancements for high BAC or refusal to submit to chemical testing.
- Post-sentencing dismissals: Recent changes to CA PC 1385 allow judges to dismiss enhancements even after a defendant has been sentenced, as long as the sentence was imposed after January 2022.
- Multiple enhancements: If a defendant faces numerous enhancements, the court must dismiss all but one enhancement in certain cases to avoid excessive penalties.
- Firearm-related enhancements: Judges can dismiss enhancements for using a firearm if evidence shows the gun was not loaded at the time of the offense.
To decide whether to grant a motion to dismiss, the court evaluates the evidence presented as well as the overall fairness of retaining the enhancements.
What Is in the Interest of Justice?
The concept of the interest of justice is central to CA Penal Code 1385. Judges must weigh several factors to determine whether dismissing a charge or enhancement is justified. These factors include:
- Whether the charges or enhancements are being dismissed as part of a plea agreement
- Whether the dismissal is due to insufficient evidence or lack of witness testimony
- Whether the sentencing enhancements result in a punishment that is disproportionate to the offense
- Whether mitigating evidence, such as rehabilitation efforts or mental illness, supports a more lenient outcome
- Whether the defendant’s actions demonstrate a reduced risk of reoffending
This evaluation can be subjective, as each case is unique. However, by presenting strong evidence and arguments, a defendant’s attorney may persuade the court that dismissing the enhancement or charge is justified.
A Los Angeles DUI Lawyer Can Explore Your Defense Options
Los Angeles DUI Lawyer can connect you with a local attorney who will review the facts of your case to determine how CA Penal Code 1385 may apply.
An experienced attorney can evaluate the circumstances, identify potential defensive DUI strategies, and determine whether dismissing penalty enhancements or charges is appropriate for your situation. Call now!
