Legal Question in DUI Law in California

I got a DUI in 2002 in the state of Kansas, I was found guilty. Is this a class A or B misdemeanor criminal offense or neither?


Asked on 1/12/10, 6:22 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You are asking this in California. Some states divide misdemeanors into classes, but California does not.

Your Kansas DUI may count as a prior conviction, which can increase the punishment, if you are convicted of a DUI in California within ten years of your Kansas conviction.

The prosecution would have to prove the Kansas offense contains all of the elements of a California DUI offense. For instance, to be convicted of a DUI in California, your vehicle must move, even if it is only a fraction of an inch and even if the engine is not running. Some other states only require that you are in the vicinity of your vehicle with the ability to drive it, so those would not count as a "prior" in a California DUI prosecution.

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Answered on 1/17/10, 6:44 pm
Joshua Hale Hale Law Group

You may be asking if the violation is a 23152 a or 23152 b. Without knowing more about your priior case I cannot tell you whaT you were convicted of, nor can I tell you what it means in California.

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Answered on 1/17/10, 11:59 pm


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