On september 13, at 11:55am, my two friends and I were stopped by a police officer from Salisbury, Maryland while walking back to campus after a party. His probable cause was that one of my was holding an un-opened beer. The officer asks myself if I had been drinking and I reply that i was not. He pulls out his breathalizer and i do not refuse. I blow a .068. He asks if any of us have any more alcohol on us and i place the only backpack amongst us on the ground. there were two empty bottles in there of md 20/20 and one full one. The officer then writes me up. Then asks the friend holding the beer to blow and he blows a .026. This is my second offense since last year, but i was not on probabtion since this 2nd offense.
Since this is my 2nd offense even if im not on probabtion whats happens now for my record, will i be allowed to be on probabtion again, and can i expunge the first and second offense?
2 Answers from Attorneys
First, you can never expunge a DUI case unless you are acquitted or it is dropped. But you should be eligible for probation, it just depends, and some of those judges in Salisbury give time regularly for a second offense. But at a .06, there is no presumption that you were impaired, so definitely get a lawyer to fight it.
Whether and you can petition to expunge a case depends on the outcome. You cannot expunge guilty findings, but you can expunge probation before judgement, stet, and nolle prosequi. You may have defenses to your charges, depending on what your charges are, and more details that you should make sure are discussed in confidence with a lawyer, because you should maintain attorney/client privilege. Likewise, the possible outcomes depend on the exact charges that you should only discuss privately with a lawyer.
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