I recieved a 4th degree dwi on jan 23rd, i have 3 priors on record with the last being 15 years ago and 25 and aprox. 30 years for other two. Will these be considered in my current charge?
3 Answers from Attorneys
The old priors cannot be used to enhance the severity of the current charge. However, even though you will be charged as a first-time offender, the priors can be considered as the prosecutor and the judge determine an appropriate sentence within the first-time offender range. Many prosecutors and judges look for serious consequences for a fourth offense like this, even though the prior offenses are so old. I would recommend getting a lawyer involved right away. Feel free to give me a call or an email to talk about options.
Yes, the past will be a consideration to the decisionmakers but by law will not enhance the severity of the charge. The reason for this is that the incidence of active alcoholism in persons with two or more DWI-DUI's nears 100 percent quite quickly and closely. Also, it is thought that persons with prior DWI-DUI's would have the sense not to mix alcohol and driving: At All. In other words, it is all the more showing of a concern of severely impaired judgment, i.e., someone in need of help. I urge you to confer privately with an experienced attorney at this time so she may assist you and advise you and represent you in this matter you are facing. Attorneys are not to solicit clients. Tricia Dwyer Esq ph 612-296-9666 Tricia Dwyer Esq & Assoc PLLC Minnesota DWI-DUI Attorneys, Minnesota Criminal Defense Attorneys, Minnesota Chemical Dependency - Alcoholism - Legal Issues Attorneys. 365 days til 6pm daily.
It will not enhance the severity of the criminal charge, The priors can play into the prosecutors consideration when seeking a sentence. It will most certainly impact the length of the license cancellation. For that reason you should have an experienced lawyer. Remember, you only have 30 days from the date that your license is cancelled to challenge that cancellation.
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