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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 545
Experience:  Attorney at Law Offices of Khaled Issa
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Got DUI on 7 17 16 waiting on my day in magistrates court.

Customer Question

Got DUI on 7 17 16 waiting on my day in magistrates court. Had a DUI back in 1978. BY law is this considered first offense because its been 38 years or am I looking at second offense DUI
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 3 months ago.

Hello, my name is ***** ***** I would be happy to provide general information regarding your question. Please allow me a few moments to review your post.

Expert:  Legal-Kal replied 3 months ago.

Under Section 17C-5-2(n) of the W.V. Code, a non-first offender is anyone who has had a prior DUI within the past 10 years from the subsequent DUI. So the answer to your question would be after 10 years, from 1978, any DUI after that would constitute a first offense.

A link to the law is found here:

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***General information provided here is for educational and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult an attorney licensed in your jurisdiction as they would be in the best position to assist***

Expert:  Legal-Kal replied 2 months ago.


Just a reminder, a response to your question has been posted.

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