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New Court decision helps Clients with dmv suspensions based in part on PRIOR CONVICTION from outide California

On Nov. 23, 2010, the Court of Appeal held that a prior DUI conviction from another state (Nevada) could not be used as a basis for the DMV to suspend the license because the conduct, which if committed in California, would not be a DUI, and the DMV erred in suspending the license AND the conviction should not be reported in the California driving record. Thus, competent counsel should always research the law of the state in which there is a prior and if that state’s law is more expansive than California fight the DMV to remove the prior from the record. Nevada’s abstract of judgment shows that a person is guilty if he drives or is in Physical Control of a vehicle or on premises open to the public. There was insufficient proof that respondent was convicted of DRIVING under the influence. The suspension was set aside.

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