DACA with DUI: A Conversation With a Prosecutor
Updated: Oct 22, 2022
Prosecutor: Let’s step outside in the hall for a moment so we can talk in private.
Defense Attorney: Sure.
Prosecutor: Your client is charged with VC 23152(a), DUI.
Defense Attorney: She blew a .09. She’s barely over the limit.
Prosecutor: The limit is the limit.
Defense Attorney: Listen, she’s a good kid. She just made a mistake. She’s a college student, good character…
Prosecutor: I’m listening…
Defense Attorney: She’s a Big Sister with the Big Brother Big Sister program. Been one for over a year now. The Judge is going to want us to plea this.
Prosecutor: What are you asking for?
Defense Attorney: VC 23101. Wet reckless. Probation only. She goes to classes, no jail time. Done.
Prosecutor: Look at this guy. Probation only. Huh. We’ll see. You have any other positive equities?
Defense Attorney: She participates in AIDS walks to raise money. For godsakes, the phrase “in the furtherance of justice” was meant for a girl like this.
Prosecutor: Big Sister & AIDS walks. Ok. I’ll see what I can do but don’t get greedy.
Defense Attorney: There’s one more thing. She’s DACA. With a DUI conviction, she won’t be able to renew. Been in LA since she was 3 years old..
Prosecutor: Well wet reckless ain’t exactly jaywalking…
Defense Attorney: Yea, but you gonna expose her to getting deported because of a bullshit DUI? With the wet reckless, she can renew.
Prosecutor: Yea I think I’ve heard that. What the hell’s up with that?
Defense Attorney: Don’t look at me – I didn’t make the rules.
Prosecutor: Wet reckless, probation, classes, and you’re good, right?
Defense Attorney: Aha. And no jail time
Prosecutor: You have proof of the Big Sister thing or is this gonna be one of those “take my word for it” things?
Defense Attorney: I thought you’d never ask. Here ‘s a copy of the emails from the match coordinator, birthday card from her “Little” thanking her for being such a good Big. Get your tissues out if you’re going to read the whole thing.
Lastly, here’s a letter of support from the Little Sister’s mother.
I’m telling you she’s a good kid. Just made a mistake.
Prosecutor: Geez. Alright you got it. Wet reckless.
Defense Attorney: Thanks. She’s gonna be thrilled.
Prosecutor: Ok. Let’s go get it approved by the judge.
I made this conversation up.
BUT, conversations similar to this one happen in criminal courthouses all over the United States.
Doing good in the community can help you personally whenever you are dealing with a PROSECUTORIAL DISCRETION.
What position will you be in if something like this ever happens to you?
Contact a qualified immigration attorney for case-specific advice.