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DWI #3 or is it?

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C

countrygin36

Guest
my husband was charges w/dwi #3 went to driver control hearing today and it was dropped by them to #2. Does this mean that the Arkansas courts/police will also see this as #2 or will it stay a #3 in their eyes. Thanks.
 


B

bini

Guest
Driver Control and the court are two different entities with two different rules. The answer to your question though is I don't know. oviously driver control had a reason to "plea bargain" down to the 2nd. You will have to wait and see what the court does. but as far as Kansas law goes a dui cannot be plea bargained, but alot of things are taken into account. for example the length of time that has passed since his last DUI. For instance. I got a DUI new years eve 1987, I turned around and got another that February. I stayed being a "good girl" till 1998 when I got another, you would think that this would be my 3rd but they counted it as my 1st and I got diversion. sometimes the courts do not go back but only 5-7 years and this could be the reason for 3 going down to 2, but of course without the whole story I do not know what your situation is.
 

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