Prior convictions
I recieved an aggravated DUI (felony) over 11 years ago and I just recently recieved another one. The prosecuter is alledging that I have a prior. Can he do that? The reason I ask is because I thought that after five years they cant alledge a prior and his reply to that is that a DUI prior is a forever prior because the law was just recently changed to make it that way. So if that is true am I protected under some sort of grandfather clause? I also pertitioned the court and had my rights restored after I took care of the first one I got but they were still able to tell that I had a prior. Should they have been able to do that? Thank you for your help. This means alot to me.
1 Answer from Attorneys
Re: Prior convictions
Aggravated (Felony) DUI convictons are one of the few exceptions to the 5 or 10 year rule (depending on the nature of prior). Agg DUI's, like weapons offenses are 'forever priors.' I have been successful though in getting favorable outcomes when the prior is remote, as is yours. I am experienced in felony DUI's and would be happy to help. Please contact me for more details.
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