• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Double Jeopardy and collateral estoppel

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

Soccer21

Guest
Can someone explain to me how the doctrine of criminal collateral esoppel can be applied in a case? If I was previously arrested for DUI but only convicted of reckless driving, can the state introduce evidence in another trial suggesting that my prior reckless driving conviction should have been a DUI? Doesn't this violate collateral estoppel.. these facts were previously decided in my favor.. please help!
 


A

ArizonaAl

Guest
They should -- but I'd have to know the law in YOUR state -- and even if I did, you'd have to have a motion to dismiss filed and argued.
 
S

Soccer21

Guest
It happened in North Carolina (if this helps). The rules of evidence used in this case are the same as the federal rules of evidence.. Rule 404 B (for the inclusion of my priors). But I know the prior conviction was going to come into evidence. My problem is with them bringing in all the evidence that suggests my reckless was actually a DUI. These facts should have been put to rest by my reckless and not DUI conviction...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top