Napa County Courthouse

Top Ten Questions > From Multiple Offenders

4. What if my prior DUI conviction wasn't in Napa County?

license platesSometimes, prior DUI convictions from other jurisdictions, such as other California counties or other states, may not be properly seen by the Napa County courts, and sometimes even by the Napa DMV. Although it's not often that the Napa County DA misses a prior conviction, and this is not a development good DUI lawyers plan for, nonetheless it can and does happen and the best Napa DUI lawyers watch for it and then handle it extremely carefully.

Striking a Prior DUI Conviction. Good Napa DUI lawyers understand that if the prior DUI conviction, which is causing a new case to be considered far too severely, was in a different jurisdiction which has different laws than California's specific DUI laws (CVC 23626), then your local Napa DUI attorney may be able to cause the prior conviction to be ignored by filing a "Motion to Strike" the prior conviction from consideration. This is particularly true in cases where the prior DUI conviction was in another state where there are additional or differing ways to be convicted of a DUI offense as compared to California, such as "command and control" states, or "impaired to the slightest degree" states. Ask a Napa DUI lawyer about these concepts.

Violation of Prior DUI Probation. If a prior conviction was recent and an accused may also be in violation of probation for that prior conviction, but the probation is in another jurisdiction such as Napa or Solano County, or even in another state, then it is unlikely that an additional Violation of Probation ("VOP") charge will appear on the Napa County complaint following the latest DUI arrest, meaning that jail exposure is less in Napa, but a separate VOP case may arise in the other jurisdiction where the prior conviction occurred. Consult with a DUI lawyer in Napa County and any other applicable jurisdiction about your specific cases.


Any result portrayed was dependent on the facts of that case, and the results will differ if based on different facts.

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Dave Jake Schwartz is an Honors Graduate from UC Hastings Law School, and UC Davis, former Federal Judicial Clerk, and Nationally Qualified Sobriety Tests Practitioner. Member of the California Bar for 30 years, Wine Country resident for over 20 years, handles only DUI cases, including thousands of North Bay DUIs and DMV hearings: first/multiple offenders, minors, seniors, tourists, undocumented immigrants, veterans, probation violations, suspended license, public intoxication, open container, minor in possession, child endangerment, collisions, hit and run, evading, resisting arrest.



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