Legal Question in DUI Law in Indiana

2 dwi's is a felon

19-20 year old male at perdue university, in got two dwi's, which is a felon. part of the plea agreement is he could write the judge and have this felon dropped to a misdomeaner. While on probation w/ dwi #2, he received a drunk in public ticket in KY. A few years later, he received a open container ticket in evansville, in. Since he got these two tickets, will the judge be apt to keep it as a felon? Will the judge punish him for violating probation after 5 years has passed? What do you suggest he do? He is trying to get his life back on track....

Thank you!


Asked on 5/15/07, 11:33 am

2 Answers from Attorneys
Daniel Hancock Hancock Law Office

Re: 2 dwi's is a felon

It's going to be up to the judge's discretion. I have some questions about these tickets though, and what impact they might have, and how his probation officer handled those. He should definately talk to an attorney because there is a formal motion that can be filed to request to have this reduced to a misdemeanor. I'd be glad to schedule a free consultation.

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Answered on 5/15/07, 11:49 am
William Morrison Action Defense Center

Re: 2 dwi's is a felon

"He is trying to get his life back on track."

Like hell he is! He's repeatedly violated probation and his plea agreement. I didn't read any attempts at sobriety in your narrative.

Are you sticking up for this underage drunk?...DON'T DO IT!

Until he sobers up, arguing the fine points of the law is like sorting out the turds in a cesspool.

I wouldn't touch this case until he could present proof of attendance at 45 AA meetings.

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Answered on 5/15/07, 10:52 pm


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