Legal Question in Criminal Law in California

Reckless driving

I received a DUI conviction and a reckless driving conviction in 2000. I also received a reckless driving in 2003.

The law requires the dmv to keep a DUI and Reckless drving on your record for 10 years. Why am I held responsible for new laws? Is there an effective date that the DMV needs to abide by?If there is a new law put in next year that a Reckless Driving needs to be on your driving record for 25 years, I will be affected?


Asked on 4/07/08, 10:13 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Reckless driving

This issue has been argued before the courts on several occasions. The legal theory is that the state may increase the time that a prior conviction can be used to enhance the punishment for current criminal conduct. This theory applies to all types of criminal conduct.

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Answered on 4/13/08, 1:00 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Reckless driving

Unfortunately, some laws have such retroactive effect. It is not fair or, I would argue, constitutional but the government often gets away with it even after there has been a great deal of litigation.

When it comes to DMV and license issues, the argument often is that there are no constitutionally protected rights involved here, only driving privileges, which are not rights, and therefore the traditional constitutional prohibitions on retroactive laws do not apply.

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Answered on 4/07/08, 10:50 pm


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