2007 California Vehicle Code Article 2. Prior And Separate Offenses

CA Codes (veh:23620-23626)

VEHICLE CODE
SECTION 23620-23626



23620.  (a) For the purposes of this division, Section 13352, and
Chapter 12 (commencing with Section 23100) of Division 11, a separate
offense that resulted in a conviction of a violation of subdivision
(f) of Section 655 of the Harbors and Navigation Code or of Section
191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code is a
separate offense of a violation of Section 23153.
   (b) For the purposes of this division and Chapter 12 (commencing
with Section 23100) of Division 11, and Section 13352, a separate
offense that resulted in a conviction of a violation of subdivision
(b), (c), (d), or (e) of Section 655 of the Harbors and Navigation
Code is a separate violation of Section 23152.



23622.  (a) In any case charging a violation of Section 23152 or
23153 and the offense occurred within 10 years of one or more
separate violations of Section 23103, as specified in Section
23103.5, that occurred on or after January 1, 1982, 23152, or 23153,
or any combination thereof, that resulted in convictions, the court
shall not strike any separate conviction of those offenses for
purposes of sentencing in order to avoid imposing, as part of the
sentence or term of probation, the minimum time of imprisonment and
the minimum fine, as provided in this chapter, or for purposes of
avoiding revocation, suspension, or restriction of the privilege to
operate a motor vehicle, as provided in this code.
   (b) In any case charging a violation of Section 23152 or 23153,
the court shall obtain a copy of the driving record of the person
charged from the Department of Motor Vehicles and may obtain any
records from the Department of Justice or any other source to
determine if one or more separate violations of Section 23103, as
specified in Section 23103.5, that occurred on or after January 1,
1982, 23152, or 23153, or any combination thereof, that resulted in
convictions, have occurred within 10 years of the charged offense.
The court may obtain, and accept as rebuttable evidence, a printout
from the Department of Motor Vehicles of the driving record of the
person charged, maintained by electronic and storage media pursuant
to Section 1801 for the purpose of proving those separate violations.

   (c) If any separate convictions of violations of Section 23152 or
23153 are reported to have occurred within 10 years of the charged
offense, the court shall notify each court where any of the separate
convictions occurred for the purpose of enforcing terms and
conditions of probation pursuant to Section 23602.



23624.  Only one challenge shall be permitted to the
constitutionality of a separate conviction of a violation of Section
14601, 14601.2, 23152, or 23153, which was entered in a separate
proceeding.  When a proceeding to declare a separate judgment of
conviction constitutionally invalid has been held, a determination by
the court that the separate conviction is constitutional precludes
any subsequent attack on constitutional grounds in a subsequent
prosecution in which the same separate conviction is charged.  In
addition, any determination that a separate conviction is
unconstitutional precludes any allegation or use of that separate
conviction in any judicial or administrative proceeding, and the
department shall strike that separate conviction from its records.
Pursuant to Section 1803, the court shall report to the Department of
Motor Vehicles any determination upholding a conviction on
constitutional grounds and any determination that a conviction is
unconstitutional.
   This section shall not preclude a subsequent challenge to a
conviction if, at a later time, a subsequent statute or appellate
court decision having retroactive application affords any new basis
to challenge the constitutionality of the conviction.



23626.  A conviction of an offense in any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or the Dominion of Canada that, if
committed in this state, would be a violation of Section 23152 or
23153 of this code, or Section 191.5 of, or subdivision (a) of
Section 192.5 of, the Penal Code, is a conviction of Section 23152 or
23153 of this code, or Section 191.5 of, or subdivision (a) of
Section 192.5 of, the Penal Code for the purposes of this code.

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