QUESTION

Recent DUI in 2013. Back in 2001, an officer blocked me in my parked car and noticed I had been drinking. DUI was thrown out, but I received reckless.

Asked on Aug 02nd, 2013 on DUI/DWI - Florida
More details to this question:
My criminal history is this: DUI 2001. Ultimately thrown out due to officer entrapment. I did recieve a reckless driving charge. No record of DUI remains on any of my legal documents including my lifetime driving history. So, fast forward to 2013: I was charged with a DUI after a night out in Orlando. This was a different county than the first run in. Well I went to court and they would not let me enter into their first time DUI program, although I was charged with a first time DUI. The judge mentioned at the sentencing that he was concerned bc I had a prior in 2012. Which that is NOT true. My lawyer told him it must be a typo bc I had not had a DUI In 2012. So, my question is... Are they sentencing me based on them thinking that I have had a DUI in 2012 and 2013? I just don't understand how they can hold my reckless that does not even show up on any records, against me. I am just concerned that I got a raw deal bc of an assumption due to a typo! Any insight? Thank you so much!
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2 ANSWERS

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
have your attorney get your certified criminal history from the FBI or FLA and clear this up. It may be that in FLA, a prior reckless would preclude you from the first time DUI program, but not here in PA.
Answered on Aug 09th, 2013 at 7:40 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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A DUI reduced to a reckless driving charge is still considered alcohol related. The state attorney, the judge and your lawyer all know that you had a DUI that was reduced to an alcohol related reckless driving. Apparently the judge mentioned your prior DUI arrest, but did not sentence you to a second offense, it sounds like you were sentenced as a first time offender. Apparently the court  wanted you to attend the DUI level 2 school for multi offenders. Take the DUI class and do any other things the judge ordered and put it behind you.
Answered on Aug 02nd, 2013 at 3:56 PM

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