Q: I am to go before a judge on my second DUI. However, I was arrested on new DUI, now my third, a few weeks ago. It’s not showing on the public docket. Will the judge know? I never called his public defender, will she know before the Sept. 3rd court date. It is stated no more continuances on the second. And now I have a third. Will I go straight to jail that day? And, the judge ordered me to take a CRN Evaluation and I haven’t done that yet.
A: If I understand you, you are asking whether a new DUI, for which you have been arrested, but not convicted of, yet, will be known by the judge you are to appear before, on a 2nd DUI? If that is what you are asking, this is what I can offer. This 3rd DUI for which you have not been convicted, will not factor into the sentencing guidelines, so, you can only be sentenced subject to the penalties of a 2nd DUI. Will the judge know about this 3rd pending DUI? Will it affect how the judge will sentence you? I do believe at sentencing the DA can bring it up if he or she wishes. The judge can give whatever consideration he or she wishes to and factor it into the sentence, however, the judge still must sentence within the guidelines of a 2nd DUI. Perhaps the judge will view you as someone who is out of control and sentence toward the maximum of the sentencing guidelines. I can only guess. The other way the judge may know about your new case is by looking it up on the UJS website on his computer as you stand before him. One would not like to think that judges do this, but they do it. I think you should talk to your Public Defender. My concern is that the judge may turn sour when he or she learns you didn’t do your court ordered CRN evaluation, and now you “catch” (as some of my client’s say) a new DUI. It probably will not happen, but the judge may revoke your bond and put you in jail. Again, call your lawyer and be prepared.