3rd Offense in 10 years ---- Charged again ?
A few weeks ago, I was pulled over and arrested for 3rd offense OUIL. I have previous convictions of OUIL in 1992, 1995, and 1997. After my last arrest, I was sentenced to 2-5 years in the Dept of Corrections, then 24 months parole. (3 convictions in 10 years) The last arrest in 1997, or any contact with the police, has been 6 years ago, when I got my last OUIL I had been sober and a practicing member of AA for nearly 5 years since my last conviction, until I recently experienced a traumatic event in my family, and began foolishly drinking again. On August 20, 2003, I was pulled over and charged with 3rd offense OUIL again. Why isn't this considered 1st offense OUIL since I have already served time and punishment for the last 3rd offense OUIL in 1997 ? Isn't this ''double-jeopardy'' ? How is it that the police can charge me with 3rd offense again ? Can you please help me understand this ? Thanks for your help !
1 Answer from Attorneys
Re: 3rd Offense in 10 years ---- Charged again ?
From the information in your post, it is clear that this charge is your third within 10 years based on the 1995 and 1997 convictions. Double jeopardy means that you cannot be charged twice for the same criminal act. The same criminal act means the same transaction (same place, same time, same offense). The August 2003 charge is separate from the other offenses and double jeopardy does not apply. Think of it this way, if a person steals from a store on Tuesday and then again on Wednesday, he will certainly be charged with two separate offenses. Your situation is a little similar to that scenario. Good luck to you and I hope you have hired a good lawyer!
Nancy L. Moore
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