California | DUI Law
Legal Question
I received a DUI in California in 2003. When I received the DUI there was a penalty of a fine completion of a DUI class and for it to stay on my record for 7 years. Later the law was changed to allow the DUI to stay on for 10 years and then changed again recently to 13 years. After doing some investigating of my own I found that this is illegal. Here is what makes me think soAn ex post facto law from the Latin for "from after the action" or retroactive law is a law that retroactively changes the legal consequences or status of actions committed or relationships that existed prior to the enactment of the law. In reference to criminal law it may criminalize actions that were legal when committed or it may aggravate a crime by bringing it into a more severe category than it was in at the time it was committed or it may change or increase the punishment prescribed for a crime such as by adding new penalties or extending terms or it may alter the rules of evidence in order to make conviction for a crime more likely than it would have been at the time of the action for which a defendant is prosecuted. Conversely a form of ex post facto law commonly known as an amnesty law may decriminalize certain acts or alleviate possible punishments for example by replacing the death sentence with lifelong imprisonment retroactively. Such laws are also known by the Latin term In mitius. Does anyone have any legal advice for me to help remove this DUI off my record and or can I sue the state or DMV.
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