booked on 2charges of 1st dui within 5 years
cop arrestes you dose not run liscense through dmv charges
1 st offense dui. go to court the judge sets bond 1 st
offense. da brings up drivers recored should have been the
3 rd offense. can it be upgraded to higher charge at pre-
trail.
2 Answers from Attorneys
Re: booked on 2charges of 1st dui within 5 years
Yes
Re: booked on 2charges of 1st dui within 5 years
A DUI charge initiated in District Court may be amended up. A defendant may not remain charged with a felony without the intervention of a Grand Jury investigation at some point. In Kentucky a criminal defendant receives Constitutional protection from prosecutorial abuse by the use of the Grand Jury process. In short you cannot stay charged by the Prosecutors with a felony charge for very long unless a Grand Jury consisting of ordinary people approve of it. I hope that helps. Sounds like you need to hire counsel.
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