Missed Your Out-Of-State Prior In Court

What happens when you go to court and find out the DA missed your out of state prior?

This is a complex question. It’s common that courts in California will miss your out of state prior when you first go to court. This happens for several reasons:

1. The out of state prior had some type of diversion which can “hide” the DUI

2. The out of state prior has different criminal and vehicle codes that the DA does not recognize

3. Your out of state prior may have been a lesser charge and missed (As an example, in California, a lesser charge to a DUI is a “wet reckless” which is still considered a prior).

4. It was a direct file. This means the arresting agency (CHP, Orange County sheriff, Riverside PD, San Bernardino sheriff, LAPD) sent the paperwork directly to the court and a DA or prosecutor has not reviewed the case.

When this happens you need to make sure you have a top dui defense attorney who can assess the situation and make the call to potentially plead to the DUI right away and avoiding the consequences of a 2nd or 3rd DUI. This all depends on how good the facts are on your current case as well as how likely, if found, the prior DUI can be proved up in court and personal decisions each and every client face for their unique set of facts.

When you’re facing DUI charges you need the best possible DUI lawyer to help you navigate the waters or the DMV and criminal process. We are only a phone call away and happy to help!

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Attorney Scott Henry: Criminal & DUI Defense