Can I be charged with a second dui if the first one was back in 2003 before they changed the law
Question: Can I be charged with a second dui in San Fernando I got yesterday if the first DUI in Van Nuys, CA was back in 2003 before they changed the law? if so how can that be in the plea deal when one of the reasons was that I was in acknowledgment that after 7 years it would no long be allowed o be used against me. I never agreed to something in the future that wasn’t in existence yet? Isnt there some kind of ex post facto law to protect us from them trying retroactivly punish us??? Its been 9yrs and 1 month so is that old one still going to count against me or will I be tried for just this one???
Answer: Yes, you can be charged as a 2nd DUI in this situation. This issue has been addressed in the Courts and ruled upon. Doesn’t seem right to me, but that is the controlling law.
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