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Hi I'm David Cantor with the Law Offices of David Michael Cantor.
I'm going to talk about what's known as a Third Offense Regular DUI.
What does that mean? That means any DUI which the blood alcohol content is .149
or less,
or DUI drugs, which is a third offense within seven years
Now it's kind of a misnomer people say oh I got a third offense,
technically a third offense in seven years is charged as a First Offense
Felony or
what's known as an Aggravated DUI in which the mandatory minimum punishment is four (4)
months in prison
day for day. Now sometimes the city will decide not to charge the felony
and they'll charge it as a misdemeanor and if they allege the two prior convictions
they're going to want
180 days on this third one. Now that's jail, not prison because you can do
a work-release 12 hours in a day 12 hours out a day five days a week while you go to
work.
Now the problem with this is the jail costs will run up to $14,500
in jail cause for 180 days and the fine will be thirty five (3,500) hundred dollars,
on top of that you lose your license for well over a year,
you'll have to do an ignition interlock device in your car for well over a year,
all sorts of problems occur. Now the reason
that cities will charge a third offense
as a third offense instead a routing it up to county for felony
is because there's usually a problem with one of the priors. usually it an out of state
prior.
Meaning the guys got one DUI in Arizona as a prior and he's got one in another state,
maybe Minnesota,
and they know if they get that prior packet and
that packet doesn't have an accurate fingerprint or if the judge didn't read
what's called a
guilty plea proceeding advisement, didn't read that properly or the person wasn't
told
they could have an attorney, and they wave that in writing there's gonna be some
flaws.
That means they have to fly somebody out from Minnesota in order to testify, no he was
told this, this, and this.
It's a valid prior. So what they'll do is they'll try and charge it
as a third offense in the city court to see if they can get sombody to plea guilty
and eat 180 days. If you've been charged with the third (3rd) DUI
or any DUI, you should contact us immediately we have a 24-hour answering service
we have an alphanumeric pager or contact us by cell phone we have both
bases covered and we'll contact you right back. Also if you
email us from the website we'll set you up to me with us
for free initial office consultation, doesn't cost you anything but thirty
minutes your time.
If you go to our website DMCantor.com, you'll also see in our victory section that
were very successful at DUI's we have thousands of DUI victories.
But if this applies to you, a loved one or family member contact us and
we'll help you out.