3rd offense OWI last offense was 12 years ago. Does look back apply? I realize it was be a third. Just curious about sentencing. Can't afford to lose my job....bad mistakeState of Wisconsin.
Yes it wil be considered in your sentencing, the good news is that it was 12 years ago. In NC, you face jail time if you had a previous DWI within 7 years. Wisconsin may have similar laws but you really need to hire an attorny to insure you receive the least amount of jail time.
Attorney Gregory Spink is licensed in North Carolina, with a focused practice in Mecklenburg and Gaston Counties. Nothing is intended in this post to serve as legal advice. It is my opinion based on studying the law and passing the Bar Exam and should not be construed as legal advice. You should always contact a local attorney, who is familiar with local rules. Each case must be judged on a case by case basis with all evidence being reviewed by a licensed attorney. Nothing in this post should be construed as creating an attorney and client relationship.
You're attorney should anou answer these questions for you. You may need to hire a new one if you aren't getting answers. A Judge will consider the entirety of your criminal history. Only an attorney familiar with that particular Judge can accurately predict your likely sentence.
At your service,
Only prior offenses since January 1, 1989 should be counted in determining how to charge a present offense. If you were not represented by an attorney on a second, criminal offense then there might be a basis for vacating a conviction entered on the basis of a plea, though this depends upon the particular details of your old case. If the conviction for the second offense is vacated by collateral attack then this third offense would have to be charged as a first offense as it has been more than ten years since a prior conviction (the ten year rule only applies to what may be counted as a second offense conviction).
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