Friday, June 20, 2008

 

Relationship between Illinois and California DUI cases - first & second offenses, wet reckless, etc.

Illinois is a very interesting state working the other way as well.

In Illinois, a first DUI offense receives almost identical punishment as does a California first DUI offense: Fine, school, restricted license, etc. BUT upon successful completion the DUI case is dismissed. HOWEVER, the dismissed DUI is used for priorability if a new DUI arrest occurs.

Because of this, Illinois automatically and IRREVOCABLY assumes ANY DUI conviction for a DUI must be a second DUI offense. The Illinois State Licensing Agency then treats the DUI in Illinois as a second which is virtually identical to California's second DUI conviction (i.e. one year license loss).

So an Illinois license holder who gets a DUI in California MUST get a wet reckless or better or else they can get really hurt in Illinois.

Illinois incorrectly views a first time California DUI conviction as a second DUI conviction for Illinois license suspension purposes.

Try to show the California court the law of Illinois, along with a letter from an Illinois DUI attorney so the California DUI court will force a wet reckless reduction.

sandiegoduilawyer.com



Links to this post:

Create a Link



<< Home

This website & linked blog is made available by this law firm for general information purposes only and to provide a general understanding of the law, not to provide legal advice. Readers of this website/blog are cautioned that reading the website/blog does not create a lawyer-client relationship between the reader and this law firm.
This page is powered by Blogger. Isn't yours?