If my friend gets a DUI and already has had one in the past (out of state and 2 years ago) is my friend required to come forward about the first DUI if only charged as a first time offender in the new state? Would my friend be legally bound to bring that to the attention of the court, or is it up to the court to charge the crime as a second offense on its own?
Asked on 11/19/09, 10:47 am
1 Answer from Attorneys
Jim Forslund
Law Office of James C. Forslund
He has a right to remain silent. However, if he pleads guilty and asks for probation, the Court may inquire if he as priors.
Answered on 11/24/09, 1:08 pm
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