What would happen for a firtst offence DUI that happned 5 years ago, if you never went to court to get sentenced?

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What would happen for a firtst offence DUI that happned 5 years ago, if you never went to court to get sentenced?

My husband was driving on a suspened and ended up in an collision. He was driving on a suspended. Would he have to turn himself in first? He is going to get a lawyer soon.

Asked on April 10, 2012 under Criminal Law, Kansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your husband's first offense was a DUI and you have not moved and nothing happened with the charge, you truly need a lawyer to determine if the suspension needed to automatically be lifted and wasn't. Further, you need to see if your lawyer can get the first DUI charge dismissed with prejudice and expunged from the record for failure to prosecute. It doesn't appear he had missed a court date because there would have been a warrant for his arrest and upon the accident and discovery of the suspended license (if the police were called to the scene of the accident), they would have taken him into custody. At this point, your husband's best bet is to hire an experienced criminal defense attorney with no discplinary record. This person needs to be well known in the industry and have a good relationship with both the police department and prosecutor's office.


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