Sunday, August 14, 2011

Kern County DUI Attorney Explains Timing of Convictions in a DUI Case

In California a DUI driver faces harsh penalties when they have priors for driving under the influence and are arrested on a new case.  The Legislature has declared that the timing of court proceedings should not permit a defendant convicted of a violation of Veh C §23152 or §23153 to avoid enhanced mandatory minimum penalties for multiple separate offenses occurring within a ten-year period. Veh C §23217. California lawmakers have expressed  intent that a defendant should be subject to these enhanced penalties regardless of whether the convictions were obtained in the same order in which the offenses were committed. Veh C §23217. See People v Snook (1997) 16 C4th 1210, 1213, 69 CR2d 615 (applying statute and finding it constitutional). According to one Kern County DUI Attorney, the current offense and the separate violations resulting in convictions must all occur within a ten-year period. See People v Munoz (2002) 102 CA4th 12, 16–20, 125 CR2d 182 (defendant wrongfully charged with a violation of Veh C §23152 punishable under Veh C §23550 (then requiring priors within seven-year period) that occurred in 1996, despite convictions for violations that occurred in 1990, 1997, and 1998; although all three separate violations occurred within seven years of the current offense, the three violations were themselves more than seven years apart).