QUESTION
Will the court consider negligent 1 as my second DUI?
Asked on Oct 15th, 2012 on DUI/DWI - New York
More details to this question:
I received a DUI recently and I'm still going to court on it, but a few years back I got a negligent 1 on my driving record. Does the court look at this as my second DUI? Will my public defender be able to help me out?
6 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I highly doubt it, but I would have to see the facts. For sentencing purposes, a Negligent 1 is considered a prior, so if you are convicted of this DUI, you will be sentenced as a 2nd DUI.
Answered on Oct 18th, 2012 at 2:32 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Only a DUI conviction can serve as a predicate offense;therefore you can only be charged for a first offense.
Answered on Oct 18th, 2012 at 6:43 AM
No your negligent is not a prior DUI, and no your PD will not be able to help you. PD's are precluded from defending you in "civil" matters, and the DMV Hearing is a civil matter. You need to hire a private attorney who is familiar with DMV/DUI law.
Answered on Oct 17th, 2012 at 9:14 PM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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I have never heard of a negligent 1, just impaired or reckless.
Answered on Oct 17th, 2012 at 8:29 PM
Michael J. Breczinski
It will be your first DUI but they will take the prior charge into account in sentencing and yes your lawyer can help you out.
Answered on Oct 17th, 2012 at 3:16 PM
John J. Carney
You should retain a good criminal lawyer. A second DUI is very serious and you may have to get an ignition interlock device,a revocation for a year, and even a possible jail sentence. That will depend on what city you are in, what lawyer you retain, what prosecutor and judge you have, and the facts of the case. You must learn that driving drunk is a serious crime and that if you injure or kill someone you can get 25 years in prison.
Answered on Oct 17th, 2012 at 3:15 PM