Skip to main content

Once a person is convicted and sentenced for a dui ,can they be resentenced because of a court mistake?

Sheboygan, WI |

3rd offense dui child in car in sheboygan county wisconsin.was sentenced to nine months jail and 2 years probation case was closed.just started serving time.now court is saying a mistake was made with the probation part of sentence(apparently they cannot give probation for these offenses),and so the they made a new court date now ,which i believe is another sentencing hearing,but not entirely sure.public defender says she cannot guarantee they would not give prison this time.this seems very odd to me.is this even legal?thanks

Attorney Answers 2


  1. Best answer

    Please post the information I previously requested. Without that information, I cannot give you anymore advice than I already have.

    http://www.avvo.com/legal-answers/3rd-offense-owi-with-child-in-car--346990.html

    Again, you are represented by counsel. You should be directing your questions to you attorney. Your attorney is in the best position to answer them.

    Good luck!


  2. I believe the original sentence was legal. You are correct that the minor passenger enhancer makes this a felony conviction. Any conviction for which the possible jail time is over a year = a felony/prison conviction. Under 973.09, the maximum term of probation for a felony is the same as the maximum confinement in prison or 3 years, whichever is greater. The maximum confinement for your fiancee was 2 years. 3 years is greater. She had 3 years of probation available to her.

    Of course, this is an argument her attorney would have to make. And, I may be missing something as I do not have all the facts, like your fiancee's attorney.

    Again, if probation was not an option, a new sentencing hearing is the correct remedy.

    Good luck!

DUI topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics