QUESTION
Can California use priors DUI's against me?
Asked on Sep 02nd, 2012 on DUI/DWI - California
More details to this question:
The state of Nevada can't use them against me. The court files are purged from Nevada.
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Are these California priors or Nevada priors? Are you in court in California? If so, what are you charged with. Do the files still exist.
Answered on Sep 10th, 2012 at 1:18 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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If the DA charges you with a DUI and alleges prior convictions against you in order to increase the punishment here, they must prove you had the prior convictions. There may be several way to try and prove them - the standard is through court records, but there may be ways around it for the prosecution. It's your attorney's job to try and thwart that, if possible. The second question is whether or not the charge you were convicted of in Nevada will qualify as a DUI prior here. Some states use different language and what seems like a DUI isn't really a DUI in California terms. Bottom line? If you do have priors alleged against you, the stakes went up. You could be looking at year(s) long license suspensions and potential jail time. It's time for a lawyer.
Answered on Sep 10th, 2012 at 1:05 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes, if within the last ten years, from any state, whether expunged or not.
Answered on Sep 09th, 2012 at 4:00 PM
Absolutely California can and often does use prior DUI's against people suspected of DUI here in California, but prior that are charged can often be fought and stricken from the complaint.
Answered on Sep 09th, 2012 at 3:02 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Evan E. Zelig, P.C.
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Generally in California a DUI prior conviction from any state can be used against you for a period of 10 (ten) years from the date of violation.
Answered on Sep 07th, 2012 at 5:36 PM