Is this a second DUI?

[Calboy]

What is the name of your state (only U.S. law)? California
In 2002 I was arrested for a DUI in Illinois. I was actually not guilty of the charge and the judge entered a NOLLE PROS to the case. In October of 2010 I was arrested for a DUI in San Diego. I showed up to court only to find that I've been charged with a second DUI stating that the Illinois case counted as a prior conviction which carries very serious penalties. I've not retained counsel as of yet because I only received the discovery recently. Can the state of California actually charge me as a second offender disregarding the illinois ruling?

 

[CdwJava]

If your criminal history out of IL reflects a conviction for DUI, then, yes, this can be a second DUI for purposes of prosecution in CA.

 

[Calboy]

Thanks Cdwjava. I appreciate your answer, however I spoke with my Illinois attorney his claim was after a Nolle Pros disposition, I could not be charged as a 2nd offender on the misdemeanor. However he said the DMV may infer that the suspension in Illinois was do to a DUI arrest. So I guess the question is more of how does the state of California view the NOLLE PROS?

 

[CdwJava]

Thanks Cdwjava. I appreciate your answer, however I spoke with my Illinois attorney his claim was after a Nolle Pros disposition, I could not be charged as a 2nd offender on the misdemeanor. However he said the DMV may infer that the suspension in Illinois was do to a DUI arrest. So I guess the question is more of how does the state of California view the NOLLE PROS?

CA is going to look at your criminal history. Either someone read your IL CORI incorrectly (which could happen), or it reflects a conviction. You really need to check what that criminal history has to say.

You do not get charged for a second DUI based upon an arrest, only a conviction.

What code section(s) have you been charged with?

 

[Calboy]

As I understand it from my Illinois attorney, I was given a 1 year court supervision. Satisfactorily completed and signed off by the judge as a Nolle Pros. This is not a conviction. My illinois liscence was never suspended etc. My record will only show an arrest for the DUI but no criminal record. This was my understanding going into court and it has been reaffirmed after. How do I challenge this using a public defender?
Thanks