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Can 2nd misdemeanor dui be automatic felony based on a prior felony conviction which had been reduced and dismissed before 2nd.
that was the question i posed 10 or so days ago. got 6 answers (one of which i was wanting to hear). Citing cases People vs. Camarillo (2000) and People vs. Park ( recent ca supreme court case) would any of the lawyers that answered like to do their homework and reconsider your previous answers? Or do you consider 2 felony convictions no biggie?
What a lovely person you are, receiving free answers to your questions and then taunting the people who offered an...
2nd dui w/ in 10 yrs cannot be charged as felony simply because 1st was felony w/ injury which had been reduced and dismissed.
I was awaiting sentencing on a 2nd dui being charged as a felony simply because it was w/ in ten yrs of the 1st which was a felony due to injury. I had researched this question months earlier and found conflicting answers w/ only about 20 to 25% of them answering favorably on my behalf. I trusted what my lawyer @ the time was telling me. He and 80% of the lawyers that answered my questions basically told me that it can be charged as felony even though 1st had been reduced and dismissed per 17b and 1203.4 3yrs prior to getting 2nd dui. I thought it was important for the current and future clients of all lawyers who may read this post to know that a reduction and dismissal of a felony under 17b and 1203.4 is then a misdemeanor for ALL purposes. I was sentenced on misd. charges just recently.
Is there a legal question or are you attempting to inform everyone?
I have had 2 duis. My first is set for the 10 yr mark this july. I never completed either of the schedueled classes but am signining back up. If I waited until july would the first dui drop off and would I still be required to complete the 18 month multiple offender classes
I think you've confused a couple of issues. The ten year "look back" period determines whether a DUI can be used as a...
I got a misdemeanor dui within 10 yrs of a felony dui which was reduced and dismissed after successful completion of probation. The courts then changed the 2nd dui from misdemeanor to a felony. Is the 2nd dui automatically a felony if the 1st was reduced and dismissed?
There needs to be more than a previous DUI for it to be filed as a felony. Talk to a local attorney v
I was arrested for DUI but the officer never performed Field sobriety test's only a breathalyzer. Can I fight this case?
I did not feel intoxicated but I blew over the legal limit. I answered every question correctly and was communicating normally with the officer.
a lot goes into defending a DUI you did not say why the officer contacted you and what the actual alcohol level was on...
Haven't heared back from my public defender called the courthouse they said if I do not hear back I need to call two days before
Your public defender won't be reading this. Was there a question?
i know this person that has gotten a DUI a few months ago. This is her second DUI within three years. Her first court was February of 2012 and never paid any of her fines, classes, or did community service. She ran into the law in august of 2013 and had a warrant and was given a second court date for the first dui and was giving another chance to pay her fines and instead of community service had to do hours at a church which she still never did. In January of this year (2014) she got a second dui in a different county and had court for that last month. The judge gave her a second court date and advised her she WILL need a lawyer when she has court. She cant afford a lawyer so one will be appointed to her. What consequences will she face?
The court will appoint a public defender for her second DUI and probation violation.
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