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Not a Duplicate. A friend of mine was stopped on 3/22/09 for 23152 (E) VC driving under the influence of a drug by way of a blood test which showed he had no alcohol in his blood. However, not realizing there was a difference he plead guilty to driving under the influence of alcohol 23152 (A) VC on 02/19/10. He has received a letter from the DMV stating he has to install an IID device which is ridiculous because he never had any alcohol related offenses ever. In addition, it states the conviction had to have occurred on or after July 1 2010 and in one of the four cities which also did not occur he received the conviction in Contra Costa for the wrong offense. Is there anything he can do about proving he was charged with the wrong crime. Or will the installer find that out when he calls whom ever it is he has to call prior to installing the device?
Unfortunately, once he pleaded guilty, he waived his rights to appeal. Furthermore, he had 1 year to file his motion for post conviction relief claiming they had the wrong charge, but quite honestly if he had no drugs in his blood test they could not have him plead guilty to that charge and would have had to have amend it. He can actually do better appealing the administrative action with DMV by filing an appeal of the IID arguing that so much time has passed that the requirement should now be waived. In most cases the DMV is more likely to waive the requirement upon proof that they listed the wrong charge based on the original charge, but as far as getting the conviction removed now that is too late.
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