my sons father has been arrested about 10 times for dui related charges in pennsylvania. he is currently on state parole and has ran is now living michigan, about a month ago he got arrested for another dui (well ouil there) now will they take into account his other duis when sentencing takes place
In Michigan, a third offense drunk driving case is a felony. Out of state drunk driving (OWI, OUIL, DUI, impaired, etc...) all can be used as prior offenses. At a minimum, the sentencing court will look at all prior offenses no matter where or when they occurred. Given your son's father's history, I hope he is represented by a very experienced attorney. I'm interested to know what county the new case is pending in, different counties handle these cases in different ways. I wish him the best of luck.
It will have an effect on the new case. States will be able to see that the person was charged and convicted in another state. You should contact an attorney if you haven't already done so.
Attorney Jason Chan
77 Franklin Street, FL3
Boston, MA 02110
disclaimer: I am not licensed to practice law in your state. Please be aware that this is for informational purposes only.
The short answer is most likely yes. Different states have different definitions of "DUI" and his Michigan lawyer will have to determine if the Pennsylvania definition is the same as Michigan's. Most states have multiple offender statutes that take into account convictions in other state. He should consult a qualified DUI laywer in Michigan. Check National College for Criminal Defense members or NACDL members.
I agree with my colleagues, the short answer is most likely, Yes. He needs to talk to a defense lawyer admitted to practice law in MIchigan to determine the legal issues and the sentencing consequences. Good luck.
This information is offered for informational purposes only, as I do not practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.
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