Legal Question in DUI Law in Maryland

Statute of Limitations

I received a probation before judgment 19 years ago when I was 18 years old. I spend 3 days in jail and was on 5 years probation. I have not been in trouble since. I am now 37 years old and was pulled over for DUI/DWI. Can a judge use the 1st DWI or PBJ against me. My attorney said that it depends on the judge. Is this true?


Asked on 8/31/04, 12:19 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Statute of Limitations

Yes it all depends. The statute of limitations has run on the prior offense. This being said, the prior offense may have a bearing upon sentencing for the currently alleged infraction. It appears that the past issue was significant due to the

jail time and probationary period. It boils down to the facts and circumstances of the current matter as well as what your expectation is.

Judges are people and have disposition and personality and this does have an effect on the outcome.

If you are not pleased with your current attorney then maybe you

should consider changing now before it becomes too late.

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Answered on 8/31/04, 12:45 pm


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