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  #1  
Old 04-11-2008, 02:35 AM
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Join Date: Apr 2008
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A POSSIBLE 4th DUI


What is the name of your state? MN
I was getting out of my car at home and a cop came up behind me as I was standing on the street, he said he saw me speeding and followed me, I think he reconized me from a past dui but he didnt say that.
What are my choices here, do I try to fight this or do I plea bargin.
I felt fine but blew a .12 and bailed out of jail the next day, its been 4 months since this happened and I just thought it would be dismissed because of the circumstances around it but I guess not.
any help would be great
Thanks
  #2  
Old 04-11-2008, 06:39 AM
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Location: Arlington, Virginia
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With any luck, you'll get the chair.
  #3  
Old 04-11-2008, 07:53 AM
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Join Date: Feb 2007
Posts: 8,280
You need a lawyer. A 4th DUI in ten years is a felony with massive fines and three years in jail.

Lucky for you, no capital punishment in Minnesota at this time.
  #4  
Old 04-11-2008, 08:09 AM
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Join Date: Jun 2005
Posts: 2,426
If the cop testifies that he saw you driving, you will probably (99%)be found to be guilty.

You can hire an atty to file a suppression motion, questioning the righteousness of the stop, which would probably be dispositive - you may as well plead guilty if it's denied. Suppression Motions, though, are denied 99% of the time.

Do you have a lot of money or do you qualify for the PD ?

You're going to get slammed for a fourth dui, so you may as well try to fight it, but it will cost you $$.

... in truth, if I were a Prosecutor, I'd tell you that you are the sort of 'felony stupid' person the laws were written for - you need to be removed from society ... you just don't get it.

... If you were my (alcoholic) father, I'd tell you that the state has to prove, beyond a reasonable doubt, that you are guilty of each and every element of the crime, and you should hire an excellent atty to hold the state to its burden of proof, using all defenses available to you, including a Motion to Suppress, rising defense, no driving defense, and any other defense.

I doubt whether your sentence will be harsher for going to trial. Any good Prosecutor will want to try your case to slam you away for a long time; it's a good feeling to see a repeat offender taken into custody for a long time.

your bail should be revoked when you appear in court at the arraignment. Maybe you should check on a plea offer that day - it will probably be the best offer.
... You may want to check whether a warrant was issued (possibly you missed a court appearance).

If you somehow slipped through the cracks and don't get charged, does this change your habit of driving after drinking ??

How long ago were the other duis ?
  #5  
Old 04-11-2008, 10:48 AM
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Quote:
Originally Posted by Dougthegreat View Post
With any luck, you'll get the chair.

LMAO......
  #6  
Old 04-13-2008, 05:12 PM
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Join Date: May 2006
Posts: 11
If you had 3 dui(s), why did you blow? Well, why are you still driving?
  #7  
Old 04-14-2008, 09:09 AM
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Join Date: Apr 2008
Posts: 2
SO..... I know this is overboard but, what happens if I leave the sate and never return?
Is there any kind of staue of limitations or else, that would kick in, would they come looking for me or would I be on a registry somewhere(eveywhere) I just ask because I have heard so many different things.
  #8  
Old 04-14-2008, 10:13 AM
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Join Date: Feb 2007
Posts: 8,280
You'll have a felony warrant against you.
Statute of limitations only applies to the time it takes to "commence" prosecution. Once the charges are issued against you it stops. Further the time is "tolled" (put on hold). This is not going away with the passage of time.

If you leave the state you'll never get another license as soon as it hits the computers. You'll be arrested anytime you are stopped because of the felony warrant.

You can hide, but even the "clever" guys eventually get caught.
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