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If I dont tell the Judge about my second DUI that I got on the top of my first one 2 month later what are the worth consequences

Scottsdale, AZ |

I had 2 DUIs within 2 months, first one was in gilbert and second one was in tempe, I will be pleading guilty on my second one first. The gilbert is not aware of my second one yet, If I plea guilty in gilbert without telling the judge about my second dui what would be the consequences or chances that they will find out later. Will the charges get amended and I will be looking at triple charges as a result of not telling.

Attorney Answers 3

Posted

You need to consult with an attorney about your options immediately. There are collateral consequences in addition to criminal court consequences. Also, it is imperative to know what the status of your license was for each violation.

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Posted

You need to talk to a lawyer. This can have a big impact on you. Also, the judge will probably ask you if you have any other DUI's or outstanding DUI cases. If you lie, not only will the court be unhappy, the State could pull out of the deal and prosecute you as before.

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Posted

I agree with both Ms. Castillo and Mr. Heard. You need to see an attorney because this is a complicated issue. The state must prove that a person had a prior DUI offense. It is possible that if you plead to the first offense, the record may not be sufficient to support that as a prior offense. (I'm thinking of State v. Reagan, 103 Ariz. 287 and State. v. Renaud, 108 Ariz. 417.) For sure, don't let the prosecutor in Tempe have the court take judicial notice of the prior offense. Make sure it is proven.

Also, the MVD issue remains. The MVD will likely find out anyway and give a one-year suspension. The prosecutor in either case has power to bargain away the suspension.

This is a tricky situation. Get a lawyer.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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1 comment

Cindy Castillo

Cindy Castillo

Posted

Regarding your license, if the prior was recorded with MVD, please note that the only way a prosecutor can "bargain away" the suspension/revocation is if he offers you a nonreckless or non dui resolution. And, if in either case, your total points add up to more than 12 or more in a year, you will receive a points suspension. If the bargained for agreement calls for you to complete TSS and you have already done TSS, you will also face a suspension. The prosecutor has no control over MVD actions.

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