If the law did not go into effect until January 1st how can they look at DUI's before the law was put in place. This seems like a pre-existing condition for medical. It should be the same on prior DUI's received when they put the law on 3 within a seven years.
Asked on 8/22/13, 12:46 pm
1 Answer from Attorneys
Damon Cassens
Waters, Kubik, and Cassens
While it might seem that way, the appellate courts have decided differently.
It if becomes a part of a charge, the DA must prove it beyond a reasonable doubt. If just a factor in sentencing, it is up to the court' s discretion.
If you are talking in terms of DMV and a license, that is a legislative mandate as applies to a privilege, versus a right.
Answered on 8/22/13, 4:02 pm
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