I've recently been dealing with the affect that a probation before judgement (PBJ) disposition in Atlanta may have on an Atlanta DUI case. First, it's important to understand what the PBJ does and does not do. Below are some provisions from a publication of the Maryland Judiciary.
YOU HAVE TO ANTICIPATE THAT A PRIOR PBJ WILL BE SEEN BY THE PROSECUTOR IN YOUR ATLANTA DUI CASE
A PBJ for a DUI/DWI in Maryland is not eligible for expungement. Therefore, you must anticipate that the prosecutor in your Atlanta DUI case will know about your prior DUI charge and, therefore, take it into account in this case.
I would encourage any client with a prior PBJ in Maryland or other state to obtain a copy of their criminal history.
However, even if it is not expunged, it does not mean that it will used as an enhancement in your Atlanta DUI case, but we would be foolish not be conscientious about it. The Maryland PBJ does appear on a separate PBJ driving record, which is only available to the you, your lawyer, the courts, the prosecutors, and the police. So, the authorities – at least in Maryland – will know about the PBJ.
IF A PROSECUTOR IS LIKELY TO KNOW ABOUT A PBJ, WHAT ACTIONS SHOULD YOU TAKE?
If a prosecutor is likely to know about a prior PBJ in your Atlanta DUI case, you must undertake a prior mitigation plan. You must show the Court that you understand the seriousness of this charge. You must plan for the unfortunate event of a conviction. By doing so, by undertaking a thorough plan of treatment following your DUI arrest, you will mitigate, as well as possible, any sentence the Court might impose upon you.
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