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In 2004 I was arrested for DUI in california. This was actually

my 3rd DUI. The first...
In 2004 I was arrested for DUI in california. This was actually my 3rd DUI. The first was in NC. in 2002, and the second was also in NC. in 2002. The second DUI was on a military base, while serving in the Army. The on base DUI was handled through the military justice system, and never forwarded to the NC. courts. When I got my last DUI in 2004, the Ca. court had no record of my previous DUIs, and only charged me with a first offense DUI. I completed all the requirements. When I went to court in 2004, the bailiff asked first offenders to sit on one side and multiple offenders to sit on another side. I simply sat down with the first offenders. I never actually lied to the assistant DA, but I didn't correct his assumption that it was my first DUI. My question is; If the DA office ever found out about my NC./military record, what could they do to me? Could they charge me with perjury? Could they re-try me as a multiple offender for the case in 2004? I'm concerned because I'm applying for a professional license, and will be required to admit my entire history. If my application gets denied, an appeal process will begin and my information will be forwarded to the AG's office and the Department of consumer affairs for review. I'm worried that someone may notice the discrepancy in my 2004 sentence and contact my local DA. Over the years, I've maintained sobriety and done a lot to turn my life around. I'm going to do whatever I have to do to secure this professional license, and have already arranged for representation in the licensing matter. Any information on what I could expect from the DA would be helpful. Would statute of limitations apply? would double jeopardy apply? Was the responsibility mine to report my history to the court, or was the onus on the DA to research my history prior to seeking conviction? Any information would be helpful. Thank you.
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Answered in 9 minutes by:
11/1/2012
CrimDefense
CrimDefense, CriminalDefenseAtty
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

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?

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Customer reply replied 5 years ago

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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