first arrest in one state; do priors from other states count in promoting to felony?

[rexavdec]

Situation: first-time DUI arrest in CA, .22, no accident, non-reckless. They did not seem to think I had any priors. I was issued a court appearance ticket with "misdemeanor" checked at the top, and was taken to a cot at a "jail alternative" for cooperative people, where I had to wait 11 hours for release.

Problem: I have one prior misdemeanor DUI from NY (a DWI there) and two subsequent priors in NY that were promoted to felonies there (class E and then D). My last prior from NY was slightly less than three years ago.

Question: can my NY priors be used in CA to either (1) promote the misdemeanor to a felony or (2) be considered in the sentencing phase to increase the penalty to the maximum allowable (I think one year in CA)?

I am also interested in determining when -- procedurally -- the charge could be increased (or the number of priors count) and how I can go about determining what they believe my number of priors is before responding at the arraignment. The ONLY thing I know for sure is that I have a misdemeanor appearance ticket.

I'm not sure how I can determine if CA will even know about my priors; I've read about the Driver License Compact (DLC) and sure enough, I did see NY priors when I obtained a copy of my license from the DMV. However, the arrest details are not listed (as they are for the recent CA offense), and are only codified as a Problem Driver Pointer System (PDPS) record on the DMV printout as codes A21 and A12 (for over .1 and over .05, respectively).

If it can be determined that they don't know or aren't considering the priors, I will gladly plead no contest to the charge and accept the default penalty (which I understand to be 5-month suspension, 40 hours DUI school, 16 hours community service). I'm not sure how to figure out what the DA is going to use as my priors count without spooking him into looking harder.

Any information is greatly appreciated. Thanks.

[Curt581]

California WILL find out about your prior convictions. They will teletype New York and request a certified copy of your driving record. When they get it, the prosecutor will amend the current charges in court to a 4th offense.

I hope you're ready for The Wearin' O' The Green.

(inmate uniform color in California Penitentiaries)

[rexavdec]

he will do this between now and the arraignment, or only if I contest the charges by pleading not guilty?

At what point will I be aware that the charges are ammended? Is there a way to find out ahead of time?

[Curt581]

Originally Posted by rexavdec

he will do this between now and the arraignment, or only if I contest the charges by pleading not guilty?

If you manage to plead guilty to the current charges before CA gets the driving record, the DA will later ask the judge to set aside that plea. He'll then dismiss the current, and reissue a new felony charge.

At what point will I be aware that the charges are ammended?

When they serve you with the criminal complaint, and the DA requests the judge modify the current bail. You'll probably be re-arrested in court.

Is there a way to find out ahead of time?

Call the agency that arrested you and ask.

[rexavdec]

The arresting agency refers all inquiries to the DA's office. This means it is impossible to find out, and I should assume I'll be re-arrested at the arraignment hearing.

If I were to leave the state before the arraignment to avoid capture, would the resulting warrant have powers in other states? how about canada? in particular, if I were stopped for any routine matter would a check on my ID (I still have a valid NY non-driver ID) result in arrest and extradition to CA?

I realize that after the stay of my license suspension is lifted (i.e. after 30 days), it will be impossible to drive legally anywhere. But if I could exist and have a normal life and job without driving, at least I could avoid prison. I don't think registering for a job or apartment would result in arrest in another state or canada, unless police somehow have triggers in civilian computer systems.

[Curt581]

Originally Posted by rexavdec

If I were to leave the state before the arraignment to avoid capture, would the resulting warrant have powers in other states? how about canada? in particular, if I were stopped for any routine matter would a check on my ID (I still have a valid NY non-driver ID) result in arrest and extradition to CA?

Yes. If the CA authorities put that warrant nito NCIC, you could be arrested in another state and extradited back to CA. If you went to Canada, they might or might not. Canadian authorities, like RCMP, do have access to NCIC.

Are you really sure you want to turn into a fugitive? They WILL find you eventually. The warrant will not go away. You'll be running and looking over your shoulder for the rest of your life, wondering if 'today' is the day.

But if I could exist and have a normal life and job without driving, at least I could avoid prison. I don't think registering for a job or apartment would result in arrest in another state or canada, unless police somehow have triggers in civilian computer systems.

You will NEVER be able to have a normal life. You will be paranoid ALL the time. You'll tense up and panic everytime you see a police officer, even if he's a block away buying a cup of coffee. The stress will kill you. If you're the victim of a crime, or the passenger in an accident, you'll freak out.

Think about it.

[outonbail]

You should also begin planning where you'll run to after you get arrested for DWI(s) in Canada since it appears you haven't learned not to drive when you've been drinking. In fact, posting to inquire as to the best way to become a fugitive and stay one step ahead of the law indicates to me that you have learned nothing from your past mistakes, you have no respect for our laws or the people they are supposed to protect. So regardless of what state or country you decide to slither into, you will pick up right where you left off, sucking down plenty of alcohol and jumping behind the wheel of your murder weapon.

But sooner or later, you will be getting your fudge packed in prison, it's only a matter of time.

Seeing how I live in California, I hope you do high tail it to Canada. This way my taxes aren't paying for your incarceration and my family will be that much safer without your drunk a$$ swerving all over the California highways!

[Curt581]

You're wasting your breath. I don't think he'll come back to this site anytime soon... He's too busy plugging in destinations on the Travellocity.com website.

[rexavdec]

Actually, I'm just considering my options more than anything.

Thank you for the information.

[TYRIS]

Originally Posted by rexavdec

Actually, I'm just considering my options more than anything.

Thank you for the information.

-What options? You can run and then constantly look over your shoulder as Curt said.... or you can be a man and actually take responsibilty for your actions and except the consequences.

Tyris

[Dougthegreat]

Originally Posted by outonbail

But sooner or later, you will be getting your fudge packed in prison, it's only a matter of time.

This was my favorite part about this thread, what a hoot.

[Dougthegreat]

Originally Posted by rcs78130

you are a real prick . Have a great day!

Frankly, I think that chuckling about what someone's going to earn themselves in prison is a lot less than driving under the influence not once, not TWICE, not three times, but a grand total of four times!

This guy obviously hasn't learned his lesson, and I think he'll have time to reflect on it, along with his game plan if he drops the soap.

Edit:

Oh, I remember you now. You're the one who drove drunk and then got his car stuck in the mud and are trying to lie your way out of it.