severity of first degree dwi law
I was convicted of first degree dwi rather recently and sentanced to 48 months, serving 6 of those on prob. for 7 years. I had heard rumor that there was discussion in the legislature that would decrease the severity of this punishment, dropping the maximum down from 7 years to a year and a day. Is there any truth to this or....? If this isn't entirely a bunch of hogwash, is there any way to decrease the sentence hanging over my head (as I'm not crazy about getting married with that kind of risk, where liberally applied aftershave could potentially get one imprisoned for that insane amount of time) back to what would be more normal? And also in the case of this being true, does this mean anything for the additional 5 year conditional release they tack on (which seems a little bogus too...)? Thank you for your assistance.
3 Answers from Attorneys
Re: severity of first degree dwi law
Lots of things get discussed at the legislature. Talk is cheap. I have heard no such rumor, but even if they are talking about it, it means nothing until passed into law.
I would be astounded if the legislature were to do what you suggest. It's against everything I have ever understood about which way the political wind it blowing in this very politically correct state.
For example, our court of appeals is considering the constitutionality of the implied consent statute. There is a possibility that the law could be thrown out by the court. I have been advising my clients that they should not gamble on that possibility. I consider it extremely unlikely.
You don't need a weatherman to know which way the wind blows.
You might try contacting your state representative. This is America. They are supposed to be available.
Re: severity of first degree dwi law
I don't know anything about rumors to change the sentences for First Degree DWI"s. As to your second question, I suggest that you talk to the attorney who represented you. I you didn't have one, let me know.
Herbert C. Kroon
Chesley, Kroon, Chambers, Harvey, and Carpenter Attorney at Law
75 Teton Lane
P. O. Box 327
Mankato, MN 56002-0327
(507) 625-3000
fax: (507) 625-2002
Re: severity of first degree dwi law
I practice primarily criminal defense law in Minnesota. I subscribe to and read "Session Weekly," the publication of the Minnesota House of Representatives (also available on the web). I have not seen any mention of such a legislative proposal there, or anywhere else. You could search for this information at the Minnesota Legislature's website, which is quite informative.
You could ask your sentencing Judge to reduce your sentence, though you would some unusual reason for that to work, most likely.
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