Section 23624 Of Article 2. Prior And Separate Offenses From California Vehicle Code >> Division 11.5. >> Chapter 4. >> Article 2.
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.