Prior DUI Offenses in Los Angeles
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Multiple offenses warrant stringent attention because of enhanced consequences to both your license and your freedom. Having a prior DUI criminal record can result in severe penalties if you are arrested a 2nd or 3rd time, including:
If you were also involved in an accident that resulted in property damage and/or injuries, you may also be facing restitution and vehicle forfeiture. A Torrance criminal defense attorney from The Law Offices of Decio Rangel, Jr. should be contacted immediately to review your arrest and provide you with essential information regarding your defense options.
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There are two basic methods of addressing prior convictions. The first is a factual attack, challenging whether the first conviction exists at all, or whether it falls within the statutory meaning of the charge. The second is to determine if the charge is constitutionally valid. The prosecution must provide evidence to show both that there is a prior conviction and that this conviction is for the current defendant. If the prosecution is able to prove that a prior DUI exists, it then becomes a question of whether the prior falls within the statutory period. The state cannot use old convictions for enhancement purposes.
The prior may also be attacked on constitutional grounds. If the prior offense occurred based upon a plea, we will review whether the court and prosecutor legally took the plea. There are constitutional requirements for every guilty or no contest plea taken. If they are not followed, the prior conviction may not be valid.
Our firm will take whatever legal actions are necessary when fighting the charges against you. Attorney Decio Rangel, Jr. is a former prosecutor and capable legal advocate that will build a tough defense and zealously protect your rights.
Contact a Los Angeles DUI lawyer
from our office to discuss defense tactics for 2nd and 3rd DUI.