If our unlucky driver sucessfully completes a pretrial diversion and has his case dismissed and then hires an attorney to obtain an expungement, there would be no record of the DWI arrest. So if our unlucky driver is stopped again for suspicion of DWI, it would also be a first DWI.
1 comment:
That's easily dealt with: make it a condition of the diversion that the accused never apply for an expunction.
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