2nd dui TN

[itsmewhoelse]

They didn't charge you with a speeding related offense so it is immaterial unless you he stated you were doing a speed which was, in fact, legal and that was the reason for the stop you might be able to challenge probable cause for the stop.

But that's all water under the bridge now.

The compact just mandates that states will give reciprocity on the charges. All states participate in the NDR which means that yes they should have been able to find your first conviction and based on the statute counted it. You were lucky.

Please do us all a favor and avoid a third.

Yea i never admitted to the speeding. I was also thinking about disputing the DUi on that basis but once i 1st went to court and they said 1st dui plea, I said WOW I can take this and run with it or I can try and beat the case and have them find out about my 2nd DUI which would had meant 45 days in the slammer no good time..

DID I make a good choice?

 

[lenny71]

Yea i never admitted to the speeding. I was also thinking about disputing the DUi on that basis but once i 1st went to court and they said 1st dui plea, I said WOW I can take this and run with it or I can try and beat the case and have them find out about my 2nd DUI which would had meant 45 days in the slammer no good time..

DID I make a good choice?

You would not have gotten off due to the speed limit issue as you were still speeding and he had probable cause to pull you over. Invariably they would have found the second dui if they needed to go to trial. Regardless, be aware that if you get a another dui, the courts will will probably discover their mistake and it will not go well for you.

I am also wondering if the DMV will discover the issue. I am not familar with your states DMV, but in many States they will find it as a 2nd dui and your license will suffer. Also be aware that insurance companies are pretty thorough these days.

 

[AHA]

Welp,
went to court today. Gt offered a DUI the 1st.. So glad they didnt count it as my 2nd DUI. They didnt catch my 1st DUI from Michigan so i took the DUI plea QUUUUICK!!!

The cop also made a mistake on the report and said the speed limit was 55MPH when indeed it was 70 MPH so who knows, I probably could had beaten the DUI or got a better deal but I didnt want to stretch my luck and then have them find out about my 1st DUI..

So all I got is a DUI 1st, 1 year suspension with restricted licensed ASAP, and 24 hours roadside trash pickup

Eventhough you got lucky, hopefully you learned your lesson. Next time you can kill an innocent person, think about that.

 

[itsmewhoelse]

You would not have gotten off due to the speed limit issue as you were still speeding and he had probable cause to pull you over. Invariably they would have found the second dui if they needed to go to trial. Regardless, be aware that if you get a another dui, the courts will will probably discover their mistake and it will not go well for you.

I am also wondering if the DMV will discover the issue. I am not familar with your states DMV, but in many States they will find it as a 2nd dui and your license will suffer. Also be aware that insurance companies are pretty thorough these days.

humm i wonder.

The Interstate Driver’s License Compact is an agreement between 45 states to share information regarding certain types of convictions, including drunk driving, DUI/ DWI, and driving under the influence of drugs (DUID) convictions. If the driver’s license was issued by the one of the 45 states, the licensing state may revoke the motorist’s driving privileges.

Whether a state will take action against a driver’s license depends on the state itself. There are five states that are not a party to the agreement, and will not take any action. These states are Wisconsin, Tennessee, Georgia, Massachusetts, and Michigan.


DLC - This is a list of states that belong to the Driver License Compact. An agreement between these states basically says you have only ONE drivers license record.

TN and MI is not apart of it. So I may get treated as a first on my suspension

Also TN knows nothing of my Suspended MI license.....Unless the DMV goes digging

 

[lenny71]

I agree that you are probably okay as far as everything but your future car insurance.


DMV court is its own weird entity independent of criminal court. The Michigan dui will probably have no bearing. More and more states (only 5 left now) are joining the compact and lookbacks are increasing in length and scope.

 

[itsmewhoelse]

OKAY,
I feel kind of stupid now..

1st. I took the datamaster(or some machine that looked like the data master) breath test a police officer vehicle(that was not the originally police officer who arrested me car)

2nd. Now lawyers tell me I could had beat it because

A: portable radios during breath testing. Radio waves from the portable radios/engines(car was running) can cause artificially high results, and the administrative rules prohibit using radios in the Datamaster testing area.

I was also in police station garage with like 4 other cars running and 3 other police officers using their radios.


B:
Officer suppose to observe me for 15 min.. He was in ffront seat, and I was in back seat leaning out the door(he had rear door open) and I was handcuffed from the front)

HUMM. Did I do wrong by pleading to the first?