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I got a citation for a dui last week my last one was on 2-19-03 conviction date was 2-11-04 will this be a 1st or 2nd and what h

Encinitas, CA |

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Attorney Answers 9

Posted

Unortunately, the prior runs from the arrest date and not the date of conviction. So, it will be 2 within 10. Get counsel immediately to defend you.

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.

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Richard Franklin Taub

Richard Franklin Taub

Posted

Oops. Right analysis; wrong conclusion. It runs from both arrest dates. Thus, your new DUI should be a first. As my colleagues indicated, the DA sometimes tries to argue prior is from date of conviction and DMV often does what it wants. So get an attorney.

Posted

This should be considered your first DUI because its is from violation date to violation date. But for DMV purposes it may not be. You should most definitely consult with an attorney regarding this to see what if anything you should know before going into court.

Elliot Zarabi
www.TipsyLaw.com
213-612-7720

Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.

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Posted

Arrest date to arrest date, so this will be a 1st. HOWEVER, DA sometimes tries to argue that dates run from conviction of prior to arrest of current so seek counsel ASAP.

Also, don't forget to request a DMV hearing within 10 days from date of arrest.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

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Posted

You should consult an attorney, but it should be a first offense. Priorability runs from arrest date to arrest date.

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Posted

Should be a first for charging purposes, but you still should setup your DMV hearing within 10 calendar days from your arrest and hire the best locally experienced criminal defense attorney you can afford.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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Posted

It is offense date to offense date, so presumable if all of your information is accurate it should result in it being treated as a first. Best to have a DUI attorney who knows what he's doing helping you with this. Most of us here on AVVO offer a free consultation. You should choose the attorney you're most comfortable with in helping you with this case, and who has the experience to do it right!

http://lawofficeofwilliamdaley.com/san-diego-criminal-attorney/dui-the-dmv

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com

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Posted

Your last DUI should fall outside the ten year window for the current one to be elevated to a second DUI. Nevertheless, you need to ensure your attorney handles the case properly. You shold obtain a free consultation from a local North County defense attorney to ensure you receive the best possible result in this new case.

Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381

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Posted

I concur with most of the responses provided by my colleagues. California Vehicle Code § 23540(a) expressly imposes enhanced penalties (i.e., increased punishment) for a second misdemeanor DUI conviction if "the offense occurred within 10 years of a separate violation." Remember, even a prior "wet reckless" conviction within 10 years would render your current charge a second DUI.

Assuming your current offense occurred after 02/19/2013, this second offense should fall outside the purview of 23540(a) and preclude the DA from imposing enhanced penalties; hence, your current DUI would be viewed as a first-time DUI. However, your prior offense may still be used to negatively impact the outcome of your case. A California DUI attorney may be able to further advise you re your options moving forward, including filing a Motion to Strike a Prior to challenge the prior conviction, if it becomes necessary.

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Posted

It should be a first for charging purposes because it goes from arrest date to arrest date. But you still should setup your DMV hearing within 10 calendar days from your arrest and hire the best experienced criminal defense attorney you can afford.

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