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  1. #1

    Default Double Jeopardy In California

    I was just convicted of a DUI in CA and it was counted as a first offense, when I went to the DMV they have me down for a second offense. I had previously gotten a DUI but truthfully I wasn't certain how long ago it was...I think it was probably about 8.5 to 9 years ago now....

    The court sentenced me to a 9 month DUI program, but the DMV stipulates an 18 month program, the court stipulates a 30 day license suspension, the DMV 1 year to 1.5 years

    I'm aware that the DMV is King, they are in fact more powerful then the court system, as well as being an entirely seperate entity...so my question is this:

    Will my conviction in the court system stand as a first offense if in fact it comes to their attention that I had a prior within ten years, or would that be "double jeopardy"? Does the court system have a different "statute of limitations" then the DMV?

    I'm completely done with court...as long as I pay my fines and attend the school and don't break the law again I shouldn't be coming to their attention...I'm just wondering what the chances of someone at the school notifying the court, or the court trying me again are.

  2. #2
    panther10758 Guest

    Default Re: Double Jeopardy In CA

    Double Jeopardy is being tried for same crime twice. How do you feel this applies here?

  3. #3

    Default Re: Double Jeopardy In CA

    Quote Quoting panther10758
    View Post
    Double Jeopardy is being tried for same crime twice. How do you feel this applies here?
    I've been convicted of a DUI

    they counted it as a first offense


    is it possible they will retry it if them missing the prior was a mistake and they want to bump it to a second offense

    1 crime, 2 trials

  4. #4
    panther10758 Guest

    Default Re: Double Jeopardy In CA

    If the State fails to notice you had prior and proceeds with case and gains conviction its over and you dodged the bullet

  5. #5

    Default Re: Double Jeopardy In CA

    Quote Quoting panther10758
    View Post
    If the State fails to notice you had prior and proceeds with case and gains conviction its over and you dodged the bullet

    thanks.....

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Double Jeopardy In CA

    Once you have been convicted and sentenced, they aren't generally going to be able to come after you again to get a do-over. It doesn't work that way. If you got lucky, you got lucky.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7

    Default Re: Double Jeopardy In CA

    same thing happened to me...just search my thread..old offense was 10 years ago...registry looks at me as 2nd offender even though i got the first offender program....basically the RMV is giving me all the 2nd offender penalties....probably going to appeal it.

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