I have a case for dry reckless for drinking and driving with a BAC level of 0.08 and was told to complete a 12 hour online alcohol program which I completed already and pay a fine of $253 due by 11/29/2021. My next court date for this case is 05/26/2020.
Unfortunately, I was recently arrested for DUI again and have court at a different courthouse on 01/10/2020. My concern is will the judge be able to see my pending case the first time I got arrested?
Should I already pay the fine and show them I’ve completed everything to show I am a responsible person?
Assuming they are both on the same county, yes the judge may very well know, as will the prosecutor in court for your old case. You are probably looking at a probation violation, when you start interviewing for a lawyer to defend the new case you should discuss them also representing you for the possible probation violation.
This answer is not legal advice, it may not even be relevant to the question answered, it definitely is does not establish an attorney/client relationship.
Most likely the DA and judge will be able to see the first offense. This is also a violation of your probation for the first offense. Get an attorney to navigate this for you.
ANDREW ROBERTS CRIMINAL, DUI AND TRAFFIC TICKET DEFENSE ATTORNEY- 40 YEARS EXPERIENCE
You will get bail demanded by prosecutor probably, arguing what a danger you are. You need an attorney to keep you out of jail. Call an experienced attorney that specializes in dui.
If they look, they'll see it. Either way, you';ll have a probation violation. Consider hiring an attorney ASAP.
I am licensed attorney in Washington and California who focuses Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
First of all are you sure you got a "dry" reckless and not a "Wet" reckless pursuant to VC 23103.5? The fact that you had to do the 12 hour class that is given for wet reckless convictions is troubling. Also, why do you have a court date in May of this year? If it is just for proof of the class and payment of the fine you should pay it today or tomorrow if possible. Then vacate the May date so you have no future court appearances. Depending upon the court, they may run a rap on you prior to the May court date and revoke your probation for the new DUI. If you pay it and vacate the date so that there are no future court appearances, that court may not find out about the new case.
On the other hand, the new court will undoubtedly know about your prior and if they are in the same county, order that case to be hooked up with your new case. Also, the Prosecutor will run your DMV prior to filing your case and if your first one was a "wet" and not a "dry" it will make the new DUI a second offense!
Bottom line is you need an attorney! Also, you don't mention what happened at the DMV APS Hearing. If your suspension for being over .08% BAC, they will consider this a second and require an 18 month alcohol program if you lose the new hearing which i hope you have scheduled within the 10 day period from your arrest..
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