Matthew J. Ruff DUI/DWI Law Blog on Lawyers.com

A Well Known Huntington Beach DUI Attorney Talks About Out Of State Convictions

Friday, May 13, 2011 by Matthew J. Ruff

California law permits a district attorney to charge someone with DUI with a prior if the case concerns a matter in which the accused has suffered a case in the past for driving while under the influence.  One Huntington Beach DUI Attorney points out that any finding of an out-of-state juvenile court judge, referee, or juvenile hearing officer of a commission of an offense which, if committed in this state, would have been a violation of Veh C §23152 if committed in California, constitutes a criminal court conviction under that drunk driving section for purposes of license suspension or license revocation under California traffic statute §§13352, 13352.3, and 13352.5. If the offense would have been a violation of Vehicle Code §23153 if committed in California, it constitutes a conviction under that section for purposes of license suspension or revocation under Vehicle Code §§13352 and 13352.3. Veh C §23521.  In the realm of legal comments and analysis, many will assert that DUI laws are strict and too heavy handed, however, according to a local Huntington Beach DUI Lawyer, it is in fact axiomatic that a out of state DUI conviction can and will be aggressively prosecuted as a prior DUI conviction in the California Courts.  One should avoid thinking that just because a drunk driving offense took place outside state lines that a prosecutor will not be using it to enhance a sentence for a DWI offense in Huntington Beach CA.

Posted at 20:58 PM
Topic: DUI/DWI
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