Legal Question in Criminal Law in California

driving under the influence

I have just been notified by mail of an outstanding ticket going back to 1991. It is a DUI charge that I don't recall being notified of but may have as my life was ''out of control''. My question is; If I plead guilty or am convicted of this charge does the current law effect me or is it grandfathered back in time? Also, how do you think this may effect my car insurance as this charge is from 1991? Thanks!


Asked on 10/11/08, 10:08 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: driving under the influence

Conviction date is how it is recorded. Plead guilty now, and the conviction goes on now with all its attendant consequences. Get a local attorney.

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Answered on 10/13/08, 1:27 pm
Brian McGinity McGinity Law Office

Re: driving under the influence

First, I believe you probably have had a warrant out for your arrest for the charge if it dates back to 1991. I do not know how to address your issue about being notified, except the notice which is sent is a courtesy and nothing more. When someone is cited for a traffic violation they are responsible for taking care of it. I am not sure how they handled the DUI procedures back in 1991 since I was not an attorney at that time.

If you plead guilty or are found guilty you will fall under the law as it is now and not the way it was in 1991. I would suggest you find an attorney because there may be an issue related to your speedy trial rights that could work to your benefit. I am not an insurance agent or broker but in my experience insurance rates generally go up after a DUI conviction. Contact an attorney and proceed accordingly and Good luck.

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Answered on 10/11/08, 9:50 pm


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