Can the prosecutors use my old case as a prior in a new DUI?:
I got a reckless driving in 2018. 46.61.500(1).
I picked up a DUI this week. Will I be facing a second time DUI?
I remember my old attorney saying they cannot use it.
Jonathan’s answer: Yes, absolutely the State can and Will use it as its mandatory if within 7 years of previous arrest.
If drunk driver is charged with vehicular assault and later the victim dies can he then be charged with homicide?:
Drunk driver hit family members head on.
1 passenger is critical. At hearing was charged with vehicular assault and extenuating circumstances(I think)
Does that mean if passenger dies they can then charge vehicular homicide?
Jonathan’s answer: Yes, if the person dies as a result of the injuries sustained within 2 years, its considered vehicular homicide unless there is some form of intervening cause of death.
CAN A JUDGE POSTPONE A DUI FOR 4 YRS SO 2 PRIOR DUIS WILL DROP OFF YOUR RECORD: I HAD TWO PRIOR DUIS AND JUDGE POSTPONED MY CASE SO MY OLD ONES WOULD BE OFF MY RECORD iN THE MEAN TIME I WOULD HAVE MY LICENCE Suspended FOR 2 YRS INTERLOCK IN MY CAR FOR ONE YEAR AND MY FINDS PAID BEFORE COMING BACK TO COURT. THEN i COULD PLEAD GUILTY TO A FIRST TIME DUI. Is that legal?
Jonathan’s answer: I suspect you misunderstand what is going on. No judge will simply continue a dui charge with w/2 prior. Futhermore, the time period of 4 yrs is odd as well. If you have 2 priors and a new dui pending you shoukd start looking for an attorney to work with who is well versed in dui defense and knows your court well.