QUESTION

Will a statute of limitations on DUIs result in a lesser sentence?

Asked on Jul 14th, 2015 on DUI/DWI - California
More details to this question:
I had 2 DUIs. One was in 2009 and one in 2010. I got a 3rd DUI last November. Could I get the 3rd DUI reduced to a lessor offense?
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5 ANSWERS

You better hire a DUI specialist, otherwise the mandatory jail term is 120 days in county.
Answered on Jul 14th, 2015 at 6:29 PM

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Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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If by statute of limitations you mean how far back can they allege priors, in California it's 10 years. As to whether you can get the third DUI reduced, that depends on a lot of factors. Consult an attorney for specific guidance many of us on LawQA provide a free consultation.
Answered on Jul 14th, 2015 at 6:25 PM

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Criminal Defense Attorney serving Riverside, CA at Law Office of A. Marie Felsen, Esq.
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DUI's fall off after 10 years. It goes by your arrest date. If you have never appeared on any of your DUIs - well- you would not really have a first or second DUI unless you've been convicted of it. Now that some much time has gone by you could probably get a really good deal on the 2009 & 2010 DUI if you never appeared on them before. However, if you have already been convicted of the 2009 & 2010 DUI - well then, the new one is a Third DUI and will only be reduced to a lesser offense based on the merits of that particular case.
Answered on Jul 14th, 2015 at 6:23 PM

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I don't understand your question about statutes of limitation. In any case, in most counties in Wisconsin the prosecutors are extremely reluctant to reduce any alcohol-related offense. You'd have to show them that they cannot possibly prevail if there were a trial. Consult a good criminal lawyer, but I think you'll hear the same thing.
Answered on Jul 14th, 2015 at 6:22 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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You can move to have all of them dismissed if you have not been convicted.
Answered on Jul 14th, 2015 at 2:34 PM

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