Legal Question in DUI Law in Mississippi

I recieved a dui in august 08 by a county officer and pled guilty , got another dui in the city limits of the same town this january they messed up and charged me with first offense again so I pled no contest. I got another dui three weeks ago in another town and they charged me with second offense but at court the next day the arresting officer told the judge it was my third and not my second that he had just found out about an hour before court so the judge said he was amending the ticket and the judge himself arrested me verbaly for third offense dui. My question is can I be charged with third offense and never have been wrote up or found guilty of second offence and could I get the second first offense dropped or taken off my record because of their mistake?


Asked on 6/09/10, 12:49 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

YOU PROBABLY WILL BE INDICTED FOR 3RD OFFENSE DUI SINCE YOU HAD TWO CONVICTIONS WHEN YOU COMMITTED THE LAST ONE. NO YOU CANNOT OBTAIN DISMISSAL OF ONE OF THE PRIOR OFFENSES DUE TO A MISNOMER AS TO THE NATURE OF THE CASE BEING SECOND OR FIRST OFFENSE. DUI CANNOT BE REMOVED FROM THE RECORD FOR ANY REASON PROVIDED YOU WERE IN FACT CONVICTED IN A LEGITIMATE TRIAL

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Answered on 6/16/10, 7:48 pm


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