my friend was charged with dui in the state where she lives she came down to visit to california and was charged with misdeminor dui will her record follow her from maryland if it was a long time ago
2007-03-01 13:24:27 · 10 answers · asked by redroseangel 1 in Politics & Government ➔ Law Enforcement & Police
If the MD offense was within 10 years, then it is probable that CA will treat her new offense as a second offense within 10 years. I say probable because the MD offense has to be the same as a CA offense. For example, some states make it unlawful to be in an unmoving, but running vehicle while under the influence. CA does not, so a foreign conviction for that offense would not be a CA prior.
If she is convicted in CA, the effect on her MD drivers license will be the same as if she had been convicted of the same offense in MD.
Note, this is NOT a matter of federal law. It is a violation of CA law. Federal law applies only on land under exclusive federal jurisdiction.
Note, that DUI with one prior is NOT a felony in CA--it is a more aggravated misdemeanor. It is not a felony until there are 3 priors.
2007-03-05 07:48:50 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It will if it was less than 10 years ago. The DUI laws in California are extremely strict. Even if the DUI in Maryland was over 10 yrs ago, when the court looks at her record, she may be sentenced as a multiple DUI offender. That is only a possibility. She may want to consider getting a DUI attorney. Depending on her blood alcohol content, the attorney might be able to get it knocked down to a wet reckless which is a lot better than another DUI. Could you tell her NEVER EVER drive if she's had any alcohol to drink - period. Doesn't matter how much or when - just don't do it. Even if she gets slammed into my someone else, if she's found to have been drinking, that's it - she's guilty. Just doesn't pay.
2007-03-01 14:19:52 · answer #2 · answered by Laydee Y 2 · 0⤊ 0⤋
1
2016-06-02 23:13:29 · answer #3 · answered by Jesse 3 · 0⤊ 0⤋
A DUI is a misdemeanor at first offense. In a matter of ten years there is to be NO OTHER as then it hits the felony standing. it is always best to get the first offense wiped off of the record. i have not the ability to answer more than this without knowing more of the situation....yes it will remain on her record...and twice makes it harder, more probation, a larger fine, and possible jail time as well as community service...i think here they are trying to get a point across don't you? I recommend that your friend retain an Attorney who is well schooled in this kind of offense.
Thanks
Lioncourt
Please Note that though I was in law for a LONG time I am NOT an Attorney and therefore it is best you consult with one. Thank you again.I wish you and your friend the best. remember that all of the States are now linked by computer, and this something you just cannot run from......Please do not drink and drive.
2007-03-01 13:37:42 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Depends on how long ago it was. Usually, if it was within ten years, the record will follow her. Most states have an interstate reciprocity system, and records can easily be traced. So if you have a DUI in California and you decide to live in Maryland within the statute of limitations, you'll be eligible for DUI second. Computers have really helped law enforcement in tracking down offenders.
2007-03-01 13:33:46 · answer #5 · answered by gldjns 7 · 1⤊ 0⤋
It is possible that it won't, but I doubt it. If they have her MD license they will probably run it and see her record. Now, if they will hold that against her is an entirely different question.
Tell her to consult with an attorney.....and lay off the booze if she is going to drive. At this rate she will end up in jail eventually for the DUIs, if she doesn't kill herself or someone else first.
2007-03-01 13:37:38 · answer #6 · answered by Anonymous · 1⤊ 0⤋
That would make your friend a drunk.
That is quite possibly the most poorly worded, incomprehensible and ubiquitous question I have read in the last week maybe two or three weeks now but I really don't know how because last week I was walking into the Gap when I saw Todd kissing your brother on his way to Jacky's party I wasn't invited to because I called his girlfriend and asked why she didn't like to go out with black guys who are real good at playing basketball because i heard on one of those really smart channels that they had another muscle in the butt and that is why they can run and jump so high?
2007-03-01 13:31:39 · answer #7 · answered by sickys3 2 · 0⤊ 1⤋
Federal law (which supercedes states) states if you get more then 3 dwi/dui's in 10 years reguardless of what state it is a felony tell your friend to quit drining and driving it is not safe for her or others on the road
2007-03-01 20:22:08 · answer #8 · answered by the b-i-s-h 2 · 0⤊ 1⤋
your friends 1st and 2nd DUI will follow her for life no matter what state she gets arrested in best advice i can give designate a sober driver
2007-03-01 15:19:58 · answer #9 · answered by Fire Lt. 4 · 0⤊ 1⤋