Probation and No Jail in Felony Hit & Run with Great Bodily Injury Case

James A. Goldstein represented a client charged with Felony DUI after hitting a crossing guard who sustained great bodily injury. At the time of offense, the client was out on bail awaiting trial on separate DUI and petty theft cases. In addition to the DUI and felony hit and run charges, the DA filed a great bodily injury allegation which carries an additional 3 years in state prison and makes state prison mandatory absent a finding of unusual circumstances. The DA refused to extend a probationary offer. James convinced the Judge to find unusual circumstances existed and the Judge offered a probationary sentence with no jail time over the objection of the DA. In this case, our office assisted the client in procuring a live in rehabilitation program for the client pending the outcome of the case. Consequently, the Judge agreed that this time in rehab would substitute for any jail time pursuant to Penal Code Section 2900.5.

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