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.
Criminal Defense Attorney
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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DUI / DWI Attorney
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.
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Personal Injury Lawyer
If you did not have a criminal defense attorney in Utah then you need one now.
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Criminal Defense Attorney
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.
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3 lawyers agree
DUI / DWI Attorney
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..."
4 lawyers agree