Sentenced on 2nd DUI as first, before she was even tried on first

[coyotegal]

In Arizona. I just read on an Arizona Lawyers website that he was able to have a first DUI charged as first, allthough client had already been sentanced on second as a first. the lawyer claims this is a defense that stops a client from being tried on first DUI that was actually charged after second DUI, as the second, even though the client had actually had two DUI's close together. He claims since it actually was the first one, then client cannot be tried, as though it was the second. I am wondering what precident or ars statute to use along with this situation as a defense. Does anyone have knowledge of this?

 

[Just Blue]

In Arizona. I just read on an Arizona Lawyers website that he was able to have a first DUI charged as first, allthough client had already been sentanced on second as a first. the lawyer claims this is a defense that stops a client from being tried on first DUI that was actually charged after second DUI, as the second, even though the client had actually had two DUI's close together. He claims since it actually was the first one, then client cannot be tried, as though it was the second. I am wondering what precident or ars statute to use along with this situation as a defense. Does anyone have knowledge of this?

Does this situation in question have anything to do with you or are you just randomly curious?

 

[FlyingRon]

In most cases in US criminal law (and I'm not going to bother researching Arizona law given the rather nebulous question asked), a prior only counts against you if you obtained that conviction prior to committing the next offense. So if the events go something like:

January 1, Arrested for DUI
March 1, Arrested for DUI
April 1, Convicted for the Jan 1 DUI (first offense).
June 1, Convicted for the Mar 1 DUI...this is still a first offense as he had not been convicted for the Jan 1 offense by the time he committed this one.