Los Angeles DUI – Invalid Prior Based on Constitutional Challange (CVC 41403).
Challenging Prior Convictions in Los Angeles DUI Cases
California Vehicle Code section 41403 reads:
(a) In any proceedings to have a judgment of conviction of a violation of DUI, or Wet Reckless, which was entered in a separate proceeding, declared invalid on constitutional grounds, the defendant shall state in writing and with specificity wherein the defendant was deprived of the defendant’s constitutional rights, which statement shall be filed with the clerk of the court and a copy served on the court that rendered that judgment and on the prosecuting attorney in the present proceedings at least five court days prior to the hearing thereon.
Challenging Prior Convictions in Los Angeles DUI Cases
If you’re facing DUI charges in Los Angeles, prior convictions can significantly increase penalties. However, you have the right to challenge a prior conviction if your constitutional rights were violated when you plead guilty. California Vehicle Code Section 41403 provides a legal pathway for such challenges, particularly when due process or the right to an attorney has been violated. As an experienced criminal defense and DUI attorney in Los Angeles, I can help you use this law to fight for your rights.
How to Challenge a Prior Conviction Using CVC 41403
One example of a violation of DUE PROCESS, is if you weren’t told during your DUI case that a DUI conviction is a “priorable” offense—meaning it can lead to harsher punishments. If you were not told —you might be able to challenge the DUI prior conviction. Such failure is a violation of due process rights, which are protected by the 5th and 14th Amendments of the U.S. Constitution. Also, the 6th Amendment gives everyone the right to have a good lawyer. If your lawyer didn’t do a good job, you can challenge the conviction for that reason too. You can ask the court to throw out the conviction because your rights were violated.
If the court grants the motion, the prior DUI conviction cannot be used against you as a prior offense. This will reduce the jail time, potentially saving you from jail time or lowering the duration of incarceration for a current DUI case.
How to Challenge a Prior Conviction
- File a Written Notice:
- Los Angeles DUI Attorney would file a written motion to challenge the constitutional violations.
- Los Angeles DUI attorney would submit the motion to the court and prosecuting attorney at least 5 court days before the hearing.
- Pretrial Hearing:
- If your case is in the middle of a jury trial, the court would have to evaluate the validity of your prior conviction outside the jury’s presence. However, if your case is at a pretrial stage, the prior can be challenged at a regular pretrial hearing as a calendared motion.
- Burden of Proof:
- The prosecution must show evidence of the prior conviction.
- If they do take this 1st step, then the defendant must prove by a preponderance of evidence that their constitutional rights were violated. For guilty pleas, documents like court transcripts and waivers are critical, however, a declaration from the defendant explaining the challenge to the conviction.
- Court Makes Decision on the Motion:
- The court will listen to the argument and if a motion is granted, the prior conviction will be struck, reducing penalties.
Why Act Now?
Striking an invalid prior conviction can reduce sentencing and improve your chances in your current DUI case. Using California Vehicle Code Section 41403 or other legal strategies, Los Angeles DUI attorneys can help get the best outcome for your Los Angeles DUI.
Contact Los Angels DUI Attorney Today
If you’re facing a DUI charge in Los Angeles and need to challenge a prior conviction, don’t wait. Call Los Angeles DUI Attorney for a free consultation and case analysis. We offer quality defense at an affordable price. Los Angeles DUI Attorney’s direct number is (323) 464-6424.
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