QUESTION
Can they use a reckless driving and they said I have something else in Vegas 30 years ago?
Asked on Jan 24th, 2021 on DUI/DWI - Florida
More details to this question:
I am not a big drinker, but I did drink and drive on January 10th. I blew a 2 and was given a DUI. I speak to my public defender on February 2nd and my court date is on February 8th. I am 63 years old, worried and don't quite know what to do!
2 ANSWERS
DUI Defense Attorney serving Coral Gables, FL
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Jonathan Blecher, P.A.
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Your attorney is in the best position to answer your questions. I suggest that you retain a private lawyer, who has more time to spend defending you.
A reckless driving prior conviction, while it doesn't push the current DUI into a mandatory jail situation, can influence sentencing offers from the State Attorney or Judge. In fact, all prior convictions and criminal history play a part. Your BrAc over .20 isn't going to help matters, though you may have defenses. https://www.duilawdefense.com/dui-defense/breath-blood-and-urine-tests/
All the more reason to retain a private lawyer.
Answered on Jan 25th, 2021 at 5:54 AM
Thomas Hudson
Short answer: Yes, they can use anything against you. Not all prior offenses MUST be used against you, but all of the can. Whether it is the policy to use such old events is largely dependent on the poicy of the particular county's State Attorney's Office. You should hire a lawyer who is familiar with your particular county.
Answered on Jan 25th, 2021 at 5:52 AM