Does a plea of nolo contendere invalidate a charge of driving under the influence of alcohol?

California, United States of America


The following excerpt is from Mills v. Municipal Court of San Diego Judicial Dist., San Diego County, 105 Cal.Rptr. 271, 29 Cal.App.3d 121 (Cal. App. 1972):

Mills contends his first conviction should be set aside because he was neither advised nor aware of the constitutional rights he waived when he entered the guilty plea. The record is silent and, if the BoykinTahl rule (Boykin v. Alabama, 395 U. S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274; In re Tahl, 1 Cal.3d 122, 81 Cal.Rptr. 577, 460 P.2d 449) is applicable, the plea must be invalidated. The question is whether Boykin and Tahl, which both involved felonies, apply to the plea of nolo contendere entered to the misdemeanor drunk driving charge.

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