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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23926
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I got a dui in 1994 deferred sentence should be off my record.,

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I got a dui in 1994 deferred sentence should be off my record., I live in Florida now and got another one do i need to admit to it and will it be on my record and held against me? Thank you in advnace for your help.
Jacustomer,

All but less than a half dozen states belong to something called the Interstate Driver's Compact. That's an agreement that states will work together under a "one driver, one license" theory, so that wherever a driver might go, his driving history will follow him and can enhance his penalties if he reoffends. Florida and Oklahoma are both compact members, which means that they would have been aware of your dui conviction in 1994.

The lookback period for both a Florida and an Oklahoma dui is 10 years. So your Oklahoma matter would fall within the period where it could be taken into consideration. If Florida can see it, they will treat it according to Florida law.

___________

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.



Customer: replied 6 years ago.
you say that they look back 10 years but it was 16 years ago, so would it still be held against me and will they see it if it was a deferred sentence and supposed to off my record after 3 years of being good which i was. Thank you for the follow up

LOL!

 

This is what I get for answering a question before I've gotten my caffeine level up where it should be. Math is not my specialty.

 

Of course it's 16 years since the DUI. With a ten-year lookback period, your Oklahoma matter would be off your record in both states. Even if Florida can see it, there will be no problem. Your present Florida offense will count as your first conviction.

___________

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.

 

 

 

 

 

Zoey_ JD and 2 other Criminal Law Specialists are ready to help you

LOL!

 

This is what I get for answering a question before I've gotten my caffeine level up where it should be. Math is not my specialty.

 

Of course it's 16 years since the DUI. With a ten-year lookback period, your Oklahoma matter would be off your record in both states. Even if Florida can see it, there will be no problem. Your present Florida offense will count as your first conviction.

___________

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.

 

 

 

 

 

Customer: replied 6 years ago.
When filling out forms for DUI school here in Florida, can I say that I've never had another DUI in any other state? The forms ask if I've had a DUI in any other state or gone to DUI school in any other state. Thank you for your help.
Hi,

Sorry for the delay. I am not generally on JustAnswer in the mornings.

I would disclose that you were arrested for a DUI in 1994. It was a conviction, even though the adjudication was withheld, but as it's outside of the 10 year period, it should not enhance your sentence. As Florida would have access to your old records anyhow through the Compact, better to include it then to get accused of providing false information.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.