david cassidy DUI

Last Monday, actor David Cassidy pled no contest to charges that he had driven DUI in Los Angeles back in January near LAX. The former teen star was sentenced to 60 months’ probation and 90 days live-in rehabilitation. The 63-year-old actor will also have to pay fines and attend a nine month alcohol education class.

Ironically, Cassidy had been in town to deal with legal business – he is suing Sony Pictures Television for money he claimed that the company owed him for merchandizing his image. Cassidy’s manager said that the stress of being deposed led him to fall off the wagon and drink.

Cassidy’s DUI was not his first brush with law enforcement.

Last August, police arrested him in upstate New York for a felony DUI. Investigators report that plea deals were being worked out in that case, and Cassidy will most likely plead guilty to a misdemeanor DUI.

Prior to even that, the Partridge Family actor got arrested fro DUI in November 2010 in Florida — he allegedly blew 0.14 percent on a BAC test (nearly twice the Southern California legal limit). In 2012, he pled no contest to these charges, lost his license for six months, and faced a year of probation.

Cassidy’s situation brings up an interesting point: what happens when you try to “plea down” your DUI charges? What does that actually mean?

The California Vehicle Code identifies two major reduced charges – “wet reckless” and “dry reckless.”

California Vehicle Code Section 23103 and 23103.5 define the charges and their punishments. “Wet reckless” is a driving offense in which alcohol plays a role (hence the word “wet”). It is not as serious as a DUI. You don’t get a license suspension imposed by the court (although the DMV can still suspend your license). It comes with little or no jail time and lower fines.

A “dry reckless” is an even lesser charge. Effectively, it’s just reckless driving. This is even better, because it reflects less on insurance premiums, and it cannot be used to enhance your sentence, if you ever get charged again for DUI.

Los Angeles DUI defense attorney Michael Kraut of the Kraut Criminal & DUI Lawyers would be happy to discuss your case. Mr. Kraut is a former prosecutor (Harvard Law School educated) who is renowned for providing excellent service for his clients and for maintaining extensive connections with judges, police officers, and former prosecutorial colleagues.

Early this month, actor David Cassidy faced his Los Angeles DUI charges in court.

Police arrested the Florida resident at LAX in January. It was Cassidy’s third DUI arrest and his second in less than six months. Cassidy allegedly blew a 0.16% BAC on his breath test – twice the California limit.

Back in August 2013, police in New York arrested the actor and hit him with a felony DUI charge. Tragically, Cassidy had just finished a stint at rehab. His manager said the actor had felt overwhelmed after being deposed.

But Cassidy’s DUI trouble started way before that. In February 2011, he pled guilty to a misdemeanor DUI in Florida. He got off with a year’s probation and a relatively short (six month) license suspension. Police had stopped him on a Florida parkway, and he blew a 0.14% on a breath test. Police also said he had had a bottle of Bourbon open in his vehicle.

After this latest arrest, Cassidy released a statement from rehab: “this has been a very difficult time for me battling this deadly disease, like millions of others in our country. I will remain in treatment for as long as necessary, and I am getting the best care I can possibly get anywhere. I am working as hard as any human being to live a sober life.”

What happens when someone’s convicted a second time for DUI in Southern California?

If you’re convicted of DUI in CA twice within a 10 year period, you face mandatory jail time — up to six months! You will also need to spend a year and a half in alcohol school (up to 30 months, in some cases). The court can suspend your California driver’s license for two years and impose what’s known as “formal probation.” This means you’ll need to check in with a probation officer on a regular basis. Alternatively, you may face “informal probation.” This means you won’t have a probation officer, but you will need to hew to certain standards. You may also need to install (and pay for) an Interlock Ignition Device on your car and face massive fines, fees, and court costs – on top of a likely spike in your insurance rates.

To make sense out of your Los Angeles DUI charges, connect with the team here at the Kraut Criminal & DUI Lawyers today for sensible, sensitive insight and a free consultation.
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