i just had the dui ? from NJ and FL….im not clear on how they can charge me with 2nd offence if i wasnt convicted yet wher will i haf 2 go to court?

10/07 charged with posession of cocaine was in accident …received PTI ,,,,still on pti now 5/22/09 dui so which state will i be charged in?

Asked on May 24, 2009 under Criminal Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think I'm clearer now as to your situation.

If you reside in Florida, New Jersey will contact them and let Florida know of your DUI.  Florida, in most likelihood will treat this as a second DUI and the penalties will be mandated pursuant to Florida law.

Even though you're on PTI, this second DUI might well violate the terms of the PTI.  If it does then the first DUI in Florida will make the NJ DUI count as a second offense.

However, I don't specialize in DUI law nor am I admitted to the Florida bar.  Your best bet is to speak with the attorney who represented you on the first offense.  If you did not have one, now would be a good time to get one.

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