I was charged with 3 charges 9-30-5-1 (OWI),9-30-5-2 (OWI),35-44-2-2c1 (FI). On motion hearing, can I file motion to dismiss charge 1, 9-30-5-1 as it is the same as charge 2 9-30-5-2 (OWI). Both a OWI, as it could full under double jeopardy? And charge 3 is not false informing, it is false reporting. What can be done about charge 3? They meant to charge me with false informing but charged me with false reporting..
Asked on 2/12/15, 7:00 am
1 Answer from Attorneys
Jay Rigdon
Rockhill Pinnick LLP
They can try you on both OWI charges, but they cannot convict and sentence you on both of them. A motion to dismiss prior to trial would not win.
An attorney would have to read Count III to answer your question. Get a lawyer to represent you, or ask the court to appoint one. Handling this yourself is NOT a good strategy.
Answered on 2/12/15, 7:03 am
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