If i have two prior felony duis both over ten years old one over twenty years old but they gave me a strike and 80% on the

DUI Defense 1 views 3 answers
second one because someone got hurt in the first one can they give me a strike for this one even though its over 11 years old I was just pulled over and release about 10 hours latter ty

Attorney Answers

3
Robert Driessen ·
No your new DUI would be a misdemeanor and you cannot get a strike on that charge. Unless there was great bodily injury in the new DUI case it would be a “first time” DUI. Of course the judge and prosecutor can use your past for sentencing purposes. Robert Driessen www.Driessen-Litigation.com
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Jason Beahm ·
No, fortunately this will be charged as a misdemeanor because the prior felony DUIs are more than ten years ago. However, I definitely advise you to retain an experienced DUI attorney for this case. With your priors it is extremely important to put up a vigorous defense. Best wishes, Jason Beahm Beahm Law San Francisco, CA 94107 www.californiacleanrecord.com www.beahmlaw.com
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Andrew Limberg ·
The way you posed you question is a little confusing, but I think you're asking whether or not your prior strike is still applicable even though over ten years has passed. The answer to that question is "yes." Strikes do not automatically wash out after ten years. However, a judge always maintains the discretion to disregard a prior strike. Nevertheless, strikes only multiple punishment in felony cases, so if your new case is a misdemeanor it will not result in doubling the sentence imposed. You should consult directly with a criminal defense attorney to learn what affect, if any, your old cases have on your new case. Good luck.
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