Legal Question in DUI Law in California

2 States Charging for same DUI

I got DUI at state line of Nevada and Cali and spent 2 days in jail in Vegas. They transfered my case to Barstow since I lived in Cali and I got convicted for the DUI, but now Nevada is trying to charge me with the same DUI. Can they do that?

Asked on 1/24/09, 6:47 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: 2 States Charging for same DUI

I believe that under the following circumstances both Nevada and California could prosecute you. If you were driving in Nevada and the Nevada police were following you and did not stop you until you had crossed the state line. The Nevada Police in hot pursuit stopped you in California. Under these circumstances you could be guilty of driving under the influence in Nevada and in California. This would similar to the situation of the individual who's conduct violates both a state law and a federal law. Unless there is a prohibition that prevents prosecution in this circumstance you may have to fight the charges in Nevada.

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Answered on 1/27/09, 12:16 am
George Moschopoulos The Law Office of George Moschopoulos

Re: 2 States Charging for same DUI

If you have been convicted already for the same offense, then charging you for the same act in another jurisdiction would place you in double jeopardy. This is prohibited by the US Constitution. You need a lawyer in Nevada to represent you and have the matter dismissed.

Good Luck!

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Answered on 1/24/09, 11:40 pm
Terry A. Nelson Nelson & Lawless

Re: 2 States Charging for same DUI

No. Your attorney should bring the appropriate motion to dismiss the case.

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Answered on 1/26/09, 2:37 pm

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