More details to this question:
I got a .02 violation DUI at 17. I got probation, community service and had to take a DUI class. I completed everything I had to do on time and got my license back. The administrative DUI I received when I was 17 was expunged from my record. I have recently gotten a DUI at the age of 21. Will the court charge me with my second DUI? Or since I got my previous administrative DUI expunged from my record will the court charge me with my first DUI or will this be charged as my second DUI?
5 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, it will be a second DUI
Answered on Jun 24th, 2013 at 12:39 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Your question seems to have conflicting information on it. Not sure if you were convicted of a DUI, or a lesser version of a VC 23152 statute under the zero tolerance law. An administrative DUI...do you mean there was no court matter, but only DMV action taken against you? That would make sense in a .02 BAC case, but if there was only DMV action, there would not be probation, community service, etc. Regardless, your under 18 DUI, even if it was a VC 23152 conviction, should not be priorable against you in your current DUI charge, as you were a minor when under 18. So your current DUI, based on what you wrote, should be charged as a first offense. If it is not, your attorney needs to get that corrected before you suffer worse consequences than you should. Keep in mind that the DMV can consider under 18 DUI's when suspending your license.
Answered on Jun 24th, 2013 at 9:23 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You are facing a first offense in court and a second offense at the DMV, if the prosecutor tries to charge a second offense, any DUI lawyer should b able to get the "prior" conviction dropped. A quality DUI attorney may even be able to fight your new case.
Answered on Jun 24th, 2013 at 9:22 AM
It will be a 2nd. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jun 23rd, 2013 at 8:29 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It is up to the prosecutor.
Answered on Jun 23rd, 2013 at 8:29 PM