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I have 2 DUIs on my driving record. I had no idea I even had them. Until car insurance premium too high. What can I do now?

San Luis Obispo, CA |

Was visiting Utah and enjoying the scenery (in my car, but not driving) when an officer drove up, walked to my car, then advised me that (my)"car smells like marijuana. so, going to search it" I wasn't even smoking. I was cited for a possession of marj. 1st offense. I went to court, paid fine, and moved on. Next time I was in Utah only 2 days. I planned to head home, then friends house got raided, went to jail, and charged w/ possession again, because Items were in "common areas." This time was no where near my car. All has been settled. EXCEPT, after returning to CA, when requesting insurance quotes, the prices had leaped. Nexus Lexus informed me I have 2 DUIs, correspond with dates of poss. Was informed in writing, or verbally that these were to show as DUIs. How can I get rid of them?

If they can be removed from my driving record, how long will it take, and how much might it cost? My biggest question, how did these possession charges turn in to DUIs when I was not driving, and one of the times I wasn't even anywhere near a car. They did inform me that my license would be suspended for 6 months pending ANY possession charge in UTAH (non tolerance state), yet nothing about my immaculate driving record being brutally ruined.

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Attorney answers 5

Posted

It seems like you did know you had them. If you were convicted, which it sounds like you were, then you knew. If you knew you were being charge, but didnt "think" they were DUI's, you should have spoken to a lawyer before admitting any guilt.

At this point, the only thing you MIGHT be able to do is get the cases expunged, if you are off of probation. However, that may not even help with insurance because they would still show up on Driving Record printout.

Sounds like you simply didnt know what you were getting yourself into. Now you're seeing the consequences. Good luck!

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Asker

Posted

well the first was just a pot ticket. In CA this is nothing more than just a traffic infraction, definitely not a DUI by any means. The one thing I dont understand is how you can get a DUI with out driving( or on anything with wheels, or riding a horse) . The second situation was the worst I was appointed a "public pretender" and I mean that literally. I would have been just as bad off with no representation.

Matthew Murillo

Matthew Murillo

Posted

In California, yes. But you indicate that the offense happened in Utah. Whether or not it is considered a DUI, will depend on the state it occurred in. Criminal laws vary in each state, so what could be a DUI in Utah may not be a DUI in California. But it sounds like you plead to a DUI. States are different. Some have a different BAC limits, some require actual movement in order to be considered driving. Some states only require that you have the capability to drive/operate the vehicle (i.e, standing outside the car with the keys in your hand, etc). So, just because they arent DUI's here, doesnt mean they werent DUI's in Utah. Like i said, it doesnt matter what the offenses would be considered here. Only what they were filed as there.

Robert Laurens Driessen

Robert Laurens Driessen

Posted

You comment makes this a lot more clear. You knew you plead guilty to two DUI’s. Please don’t pretend you know nothing as they will not help get the correct answer. Most likely at this point what is done is done. If you felt you had a great case you should have taken it to trial. Even in California you can get a DUI based on being under the influence of marijuana and without someone seeing you drive. This is done all the time through circumstantial evidence. I am sorry to say buyer’s remorse is never grounds to overturn a conviction. Robert Driessen www.TheOCduiGuy.com

Asker

Posted

What I was convicted of was a misdemeanor poss. of marj 1st offence. punishment is $1200 fine/ or 6 months. The second incident I was convicted of was a 3rd degree felony poss. of a cont. sub. in non tolerance state. punishment was 3 yrs felony probation, 50 hrs CWS, and completion of treatment program./ or 0-5 years in state prison. Neither of these directly state or imply in any way anything about a driving under the influence. And as far as contacting my prior attorney, I would rather not. I should have figured out how to pay for a better one. he said " if you do not plead to the felony charge, you will be waiting in this jail for 3-4 months just to get a court date. After you go to court, and have a trial, you will go to prison for 5 years." I would have to say knowing what I know now, it is apparent that someone didn't want to do their job, and did not have my interest or needs in mind. Never Again, I learned my lesson the really hard way.

Posted

First contact your prior attorney in Utah. I hope you had one (this is exactly why you always need an attorney if charged with a criminal offense). When you go to court you should have been advised what you are being charged with and when you plead guilty you should have been told what you are pleading guilty to. If this really is a mistake you need to contact an attorney in Utah to try to resolve this. This will be a mess and you will need abstracts from the court to provide to the DMV.
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.

Posted

If you did not have a criminal defense attorney in Utah then you need one now.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Posted

Be sure they are showing up as DUIs and not as drug offenses. In many states, there is a drivers license penalty for marijuana possession.

If they are DUIs, contact the lawyer you had on the charges in Utah.

If you did not have a lawyer, I think you need one now, although it may be difficult to do much.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

Posted

I took a look at the DUI penalties in UTAH and you would definitely know if you had been convicted of two DUIs in Utah... no question that you were not in my mind. Google DUI UTAH and you will see the punishment and it would not have been to just pay a little fine... and California would have also got wind of it and suspended you here. Whatever you plead to is only a problem between you and your insurance company and that must have been some bad information...

Why don't you go down to the CA DMV and buy a copy of your complete driving record as it stands in California... it should have everything. Then when you post a question you might be able to identify the actual offense you were convicted of... if it is done by code instead of the actual UT statute, I believe that the code "17" still indicates a DUI conviction, maybe, maybe not. Sounds like you didn't have a lawyer... and I doubt that they were DUI convictions... more likely Nexus Lexus is incorrectly interpreting some code. You could also contact the courthouse(s) where you entered your pleas and find out what you actually did. You might also make a Note To Self that: YOU, THC, and UTAH are an unlucky combination! g
YOUR LAST SENTENCE... was that supposed to be... "Was NOT informed in writing..."

George B. O'Neill

George B. O'Neill

Posted

Hey... sorry, I didn't notice that you lived here in SLO too. 99% if the questions that I answer here are from outside of slo so I feel like I've found a friend when I spot a local address (which I did not when I wrote the above!) sloduilaw.com Come on in and we'll figure this out unless you took my advice already. g

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