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One Critical Aspect on Handling Repeat DUI Offenses

By Rob McKinney on February 5, 2016

It saddens me the way some DUI cases are handled in the State of Tennessee. Some lawyers think these are easy cases. They take a client’s money. No investigation is done. Then a plea of guilty as charged. A recent case illustrated this point.

The charge was a felony DUI. In Tennessee, it requires three prior DUI convictions. If convicted, a minimum jail sentence of 150 days and a loss of license for at least eight years. This individual’s first lawyer wanted them to plea guilty as charged to the felony DUI. I took over the case. I reviewed the prior criminal record. One of the prior convictions was invalid and could not be used to enhance the punishment to a felony DUI. Just reviewing the record saved someone from a felony. Then it got worst.

On another charge, a plea was entered to two DUI seconds with a jail sentence. The prior charge was invalid in the like in the felony case. A person did a jail sentence without an investigation of the prior record. I wonder how many lawyers in Tennessee do not review the prior criminal convictions.

If your charged with a second, third, or felony DUI in Tennessee, you must get a copy of the prior convictions. The same holds true if you are an attorney handling these cases. Over the years of defending DUI cases, I have seen judgments not signed by the judge. One clerk’s office in Alabama destroys the convictions after five years. On occasion, a waiver of counsel has not been signed. All of which could make a prior conviction invalid. It is critical to review the record before pleading guilty to any enhanced DUI.  

 

  • Posted in:
    Criminal
  • Blog:
    Nashville Criminal Law Report
  • Organization:
    Rob McKinney
  • Article: View Original Source

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