Legal Question in DUI Law in Pennsylvania
dui PA
I received a dui arrest on Aug. 18, 2007. I had a previous dui on March 10, 1997. I was convicted of the 1997 offense in Nov. of 1997. I am under the understanding that the courts go back ten years to your conviction date. THe actual offense dates were 10 1/2 years apart. Can an attorney argue this to a DA? Does the DA have the option of taking this into consideration regardless of mandatory minimum sentencing guidelines? Also, can you dispute a DA's decision on whether this would be considered a second or third offense? Thank you.
1 Answer from Attorneys
Re: dui PA
Sir,
You are correct that the ten years runs from the prior conviction to the present arrest. Although this will likely be treated as a third offense, many times the sentencing guidelines can be augmented with intermediate punishment. You can contact me if you would like to sit down and talk about your options.
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