Request for Question Clarification by
tutuzdad-ga
on
14 Oct 2005 21:26 PDT
Dear nondescript00-ga;
I?d like to give you an opportunity to read what I have to offer in
advance. To qualify my answer let me mention first off that I have
been in law enforcement for more than two decades and in that time I
have had many occasion to charge people with driving while
intoxicated. I understand DWI/DUI laws, legislation and statutory
language, but unfortunately I am in no position (by policy) to give
you legal advice in this forum. With that out of the way let me point
this out.
In the scenario you mentioned a reciprocity agreement or membership in
an interstate compact would have no bearing on whether or not you are
charged with a second offense. The simple fact is that the CHARGING
JURISDICTION observes the law as IT is mandated by it?s OWN
legislature. In other words, Florida law is the law in Florida, and
Virginia law is the law in Virginia. The jurisdiction where the second
charge takes placed will be the entity that determines whether or not
the charge is to be considered a first offense or a second offense
based on the laws of that state and that state only. The laws in the
other state will have no bearing on this issue.
According to the Law Offices of Richard E. Hornsby, P.A, Attorney at
Law, the state of Florida does indeed have the authority to charge you
with ?Second Offense? because there is a provision in Florida law that
apparently enables them to do so. Note the increased penalty in the
second chart as compared to the first:
Second Offense Within Five Years of First DUI Conviction
http://www.richardhornsby.com/dui/penalties.html#SecondWithinFive
Second Offense MORE THAN FIVE YEARS From First Conviction
http://www.richardhornsby.com/dui/penalties.html#SecondOutsideFive
Clearly Florida sentencing guidelines provide for increased penalties
for DUI convictions MORE THAN FIVE YEARS OLD. So yes, Florida may take
your 5-year old Virginia conviction into account when formally
charging you. I must address the obvious here however and say that if
your Florida arrest report indicates that you were charged with FIRST
OFFENSE then first offense it is. Prosecutors sometimes reduce charges
but an increase in the magnitude of the charges is rare. If the
officer dropped the ball and failed to read your driver history when
you were charged and arraigned then that ball is dropped. Whatever the
reason, consider yourself lucky.
Please let me know if this is what you are looking for as an answer?
Best regards;
Tutuzdad ? Google Answers Researcher
