Legal Question in DUI Law in California

does the 7 year law or 10 year law apply to my first dui in 2003?

Asked on 9/10/12, 6:26 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

10, to all priors.

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Answered on 9/10/12, 1:08 pm
Terry A. Nelson Nelson & Lawless

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does.

If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. Iíll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.

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Answered on 9/10/12, 1:12 pm

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