My husband was convicted of a felony that his PO told him after he was already convicted should not have been a felony. He was charged with 4 OWIs in 5 years on his 4th OWI (occured before the law change making 4th a felony). However, there is a 6 year gap between his 1st and 2nd OWIs so it was not 4 in 5 years. Is it even possible to get that overturned into a misdemeanor instead of a felony due to no one noticing it should not have been a felony (our attorney, Judge, and DA)? He has already served his jail time and has 15 months left of his probation.
The law didn't require all prior OWIs fall within 5 years. The law required the previous offense to be within 5 years of the 4th. It sounds like that occurred in this case.
The gap between his first and second was not relevant under the old "4th offense within 5 years" felony charge. The relevant gap was between the third offense conviction and the arrest for the fourth. If there is a discrepancy there, consult post-conviction counsel.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
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