What is a Romero motion? These legal motions are used in cases involving California’s Three Strikes Law. A lawyer may file a Romero motion in your case to have your strikes temporarily set aside. A successful Romero motion ensures that your past strikes don’t count against you during sentencing.
You may want to file a Romero motion after an arrest for driving under the influence (DUI) in Los Angeles. Find out more about the history of Romero motions with this article.
Learn About the Three Strikes Law in California
California courts use a “three strikes” system for some violent felonies. The three-strikes law means that the court can increase the penalties you face if you have past violent felonies on your record. Each violent felony counts as a “strike.”
A second strike could double the amount of prison time you face for a felony conviction. Individuals convicted of a third strike might face life in prison. Many drivers do not realize that the court can treat some DUIs as felonies.
In fact, you may face felony DUI charges if you have three prior misdemeanor DUI convictions. You could also face felony charges if you caused an accident that led to injuries or a fatality. This means that some DUI charges would count as a strike against you in Los Angeles.
History of the Romero Motion in Los Angeles
The Romero motion allows the court to ignore previous strikes on your record for the purpose of sentencing in felony cases. The motion is named for the People v. Romero case, which occurred in 1996.
Jesus Romero was the defendant. During the course of his case, the judge decided to set aside his past strikes in order to avoid sentencing Mr. Romero to life in prison. This set the precedent used in Romero motions even today.
Information About a Romero Motion in DUI Cases
As mentioned, felony convictions in Los Angeles will likely lead to harsher penalties if you have a prior strike on your record. In this situation, a DUI lawyer might request a Romero motion for you during your DUI pretrial hearing. At this time your lawyer may also file other motions to:
- Suppress evidence.
- Dismiss the case.
- Request a Pitchess hearing.
- Reexamine your blood/urine samples.
The judge will then decide to grant or refuse your motion. If the judge grants your Romero motion, they may not consider your past felony convictions if you are found guilty of a DUI. This could help you avoid life in prison. Discuss the use of a Romero motion in your case with a Los Angeles DUI lawyer right now. Just call us at (310) 862-0199.
Results of a Felony DUI Conviction in Los Angeles
Thus far we have discussed the uses of a Romero motion in a DUI case. Let’s go over why it is important to limit the penalties for a DUI conviction now. As mentioned, you could face felony charges even for a basic DUI. This kind of conviction can lead to:
- Prison time of up to three years.
- The suspension of your driver’s license.
- High fines and court fees.
- DUI school for up to thirty months.
However, let’s say that you already have a strike on your record at the time of your conviction. If the DUI counts as your second strike, your prison time could get doubled to six years. If you have two previous strikes, you will face potential life in prison.
Let a DUI lawyer in Los Angeles work to handle your charges right now. We can work to get your charges reduced or even dismissed. This could help you avoid a conviction and prison time. We are also ready to file a Romero motion on your behalf.
A successful Romero motion allows you to avoid doubled prison time or even life in prison. However, you should know that it is up to the judge to grant your motion. The judge may refuse to set aside your past felony charges after a DUI arrest.
Learn More About Romero Motions with a DUI Lawyer
What is a Romero motion in California? This motion is used to set aside strikes if you are accused of certain felonies in Los Angeles. A Los Angeles DUI lawyer can help you file a Romero motion after your arrest. Find out how by calling us at (310) 862-0199. You may also complete our online contact form.
Let us review your unique situation today with a free consultation.