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Can court system use my pass against me???

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T

ted69

Guest
I am from Alaska and I do have several DWIs in this state, but they are all over 10 years old and I just got a DWI (11/2000). Anyway I read the Alaska law about DWI and from what I read Sec. 28.35.030(a)(1) I am guilty of. Then for sentencing it directs you to the same Sec. 28.35.030(b), then it directs to (n) of this same Sec., then when you go to (n) it says, "A person is guilty of a class C felony if the person is convicted of driving while intoxicated and has been previously convicted two or more times within the five years preceding the date of the present offense. For purposes of determining minimum sentences based on previous convictions, the provisions of (o)(4) of this section apply. Upon conviction, the court". Then you go to (o) it says, "In this section," then go to (o)(4) and it says, ""previously convicted" means having been convicted in this or another jurisdiction, within 10 years preceding the date of the prresent offense, of any of the following offenses; however, convictions for any of these offenses, if arising out of a single transaction and a single arrest, are considered one previous conviction".
The bottom line is I need help, because the way I read this, I should be senctenced for a first DWI, which the jail time is minimum of 3 days and they are trying to give me 115 days and all the rest of the things are trying to do is what they are suppose to do on your first offense for DWI. Plus my public defender is not doing anything what so ever. So what should I do???? Thanks
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Felonies over 10 years old (convictions) cannot be used against you to add to your new sentence.

Your PD won't do anything because most PDS don't have specific legal experience to help you nor do they know sufficient facts about your particular case. They have way too much of a caseload to give you the representation you deserve. This is not about all PDs, don't get me wrong.


So........try at least speaking with an attorney. At http://www.attorneypages.com, many give free consultations.
 

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