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I certainly understand your concern. When you resolve the case and went before the Judge, were you asked under oath if you ever had been convicted of a DUI in any other State? Was this just an issue of where you sat in the courtroom, to determine your status?
No, I was not asked under oath. I simply sat down with the first offenders. I was then brought into an office with the assistant DA. He said, since this is your first offense, we'll drop the charge of making an improper left turn if you plead guilty to the DUI. I agreed to this
Thank you for that additional information. The prosecutor has a duty to perform their due diligence and should have ran your name in the NCIS to see your criminal history and if this was your first, second, third, etc, DUI. If they did not and imposed the sentence for a first offender, they failed to properly handle the case. Moreover, the Judge, prior to imposing sentencing and once placing you under oath, should have asked if this was your first or if you have any other convictions, any place else. Seeing how you were never asked by either nor said something under oath, which was not true, it is going to be hard for them to hold you in contempt or file perjury charges, if there is no record of the statement. In addition, it is unlikely that almost 9 years later, whoever was looking at this issue, would be aware of the bailiff splitting the courtroom and asking defendants to sit where they belong, so it may not even be brought up. Of course, if you are asked on an application to disclose your prior criminal history, you need to answer truthfully. However, it is likely that this case file is boxed up and sitting in a warehouse some place, so the DA may not even look into this at all.
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