Question about the New California DUI Breathalyzer law for 1st time offenders?
Got a dui last month in Sacramento, my court date is on July 1st.... will this be one of my punishments? If you don't know abut this bill, below is the story... http://www.ktla.com/news/landing/ktla-dui-breathalyzer,0,54317.story?track=rss ...
Got a dui last month in Sacramento, my court date is on July 1st.... will this be one of my punishments?
If you don't know abut this bill, below is the story...
http://www.ktla.com/news/landing/ktla-dui-breathalyzer,0,54317.story?track=rss
if its a law that takes effect on that date they can’t make you do that
when they passed that Law in Illinois last year there was about a 3/4 month grace period before it took effect
mainly to clear out all the older cases before that date,, and after the grace period it to effect for all DUI’s
consider yourself real lucky
here in Illinois you pay for the installation around $1000 and $100 a month fee and then pay to have taken out after you receive the paper work saying that you can
Looks like you have the honor of being one of the first to try out the new system. ( Very good plan.)
There is a legal principle called "ex post facto", which translates into "after the fact". If the law goes into effect after you were arrested, it should not apply to you.
"The law goes into effect July 1 in Alameda, Los Angeles, Sacramento and Tulare counties. The Legislature is scheduled to evaluate the pilot program in 2015 and if it is successful, to expand the requirement statewide."
Says the article.
Since the law was not in effect when you were arrested, I would say you do not qualify for this punishment. Unless the law is backdated.
You would be tried under the laws as they read on the day you committed the crime, not on the date you go to court.
The first person to be sentenced under the new law has not committed the crime yet. They will be accused of DUI on or after July 1st.