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Can My DUI conviction in MD affect my DUI conviction in VA. Will it count as a second DUI?

Centreville, VA |

I got a Dui, Dwi and a Dui per se in Md back in 2010. My punishment was a PBJ "Probation before Judgement". I got probation for a year, Alcohol education and court fines. I just recently got another DUI in Virginia (Sept 2012) with a BAC of .19.

Attorney Answers 5

Posted

Yes this could be potential used as a prior. You will need your attorney to look to see if the prior DUI meets all the requirements. Make sure you get an attorney.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

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Posted

In Maryland, did you return to court to have the earlier DUI dismissed and were you otherwise compliant with the terms and condotions in MD? If you were convicted in MD, yes, it will count as asecond if all other criteria are satisfied. If the earlier charge was dismissed, it should tried as a first DWI. Rest assured the Assistant Commonwealth Attorney will comment on your record if tried and into consideration with any plea agreement. With a .19, if that BAC comes into evidence, you are facing a minimum mandatory jail sentence. You better hire a good DWI Defense Attorney.

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8 comments

Asker

Posted

I never returned to court but I was compliant with the terms and conditions in MD.

Asker

Posted

How long do you think my jail sentence will be?

Carleton Penn III

Carleton Penn III

Posted

Depends on other circumstances such as the PBT. When is your court date?

Asker

Posted

I was told late last week that my public defender was going to continue it to a later date i have yet to hear back from the lawyers office but i will post it here when I know.

Carleton Penn III

Carleton Penn III

Posted

You can look up your court date on court web page.

Asker

Posted

Oh wow why didn't I think of that so I looked it up and its not till January. and to my surprise it states the charge was DWI first offense so I think I will be okay. thank you for all your help. My only last question would be is how many days would you predict I go to jail for since I blew a .19 ?

Carleton Penn III

Carleton Penn III

Posted

The Commonwealth can still amend on the day of court after they see your record.

Asker

Posted

Oh crap thats terrible well hopefully they wont and hopefully since it was a PBJ it was dismissed.

Posted

Since you got a pbj in MD there is a good chance they won't see it. Carleton is right that they will consider it if they see it. If you are my client I will have you starting progrAms before court. Www.mcglonelaw.com

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1 comment

Asker

Posted

By programs you mean ASAP?

Posted

I agree with Paul McGlone- he is a brillant lawyer. Shouldn't you already have a lawyer for this Sept. 2012 DWI case, who should be able to easily answer this question?

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2 comments

Asker

Posted

I have a public defender and I havent been able to meet with him yet unfortunately.

John-Paul Patrick Gilson

John-Paul Patrick Gilson

Posted

I would highly recommend that you retain Mr. Matthew Kensky, Paul McGlone and/or Carelton Penn to assist you in this matter. Based on your question and their answers, the assistance that they could provide would far outweigh any savings from a public defender. While cost is always an issue, you might want to consider asking banks, credit, and friends and family for a loan to pay a top quality attorney for a case like yours.

Posted

It depends on whether your Maryland DUI was a conviction. If it was ultimately dismissed it will not be used as a prior conviction for enhancement purposes. If you were ultimately convicted I believe the Maryland conviction could be used for enhancement purposes. There are many other issues that can be relevant when determining whether an out of state conviction can be used against you.

It is imperative you contact a dui lawyer that is familar with these issues. If you would like a consult feel free to contact me.

Sincerely,
Darren Meyer
www.darrenmeyerlaw.com
(540) 840-8470 - cell

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