cinderblock
Junior Member
What is the name of your state (only U.S. law)? Illinois
In 2003 I was arrested for a DUI in Illinois and given court supervision. The court supervision was completed successfully and the case was then dismissed or Nolle Pros. In December 2010 I was arrested for a DUI in California. Even though I do not have a conviction in Illinois, California is filing this as a 2nd offense saying that the Nolle Pros dismissed either the Per se of .08 or higher the other statute DWI did not effectively get dismissed. I cannot seem to get any info from the circuit court outside of one statute is considered a DUI and one is considered a traffic infraction. Can California actually push this through as a 2nd. Or is the Chicago law worded in such a way that it could be successfully challenged? Or lastly, is it possible that this is perhaps a clerical glitch?
Any input would be welcome.
In 2003 I was arrested for a DUI in Illinois and given court supervision. The court supervision was completed successfully and the case was then dismissed or Nolle Pros. In December 2010 I was arrested for a DUI in California. Even though I do not have a conviction in Illinois, California is filing this as a 2nd offense saying that the Nolle Pros dismissed either the Per se of .08 or higher the other statute DWI did not effectively get dismissed. I cannot seem to get any info from the circuit court outside of one statute is considered a DUI and one is considered a traffic infraction. Can California actually push this through as a 2nd. Or is the Chicago law worded in such a way that it could be successfully challenged? Or lastly, is it possible that this is perhaps a clerical glitch?
Any input would be welcome.