(I have no idea where Absentia is.)

Anyway, I am looking at a Plea in Absentia to a Misdemeanor DWI. (You can probably guess why.) Defendant is claiming he was never in court (of course not that's why there is a plea in absentia! He was in TDC at time of plea). There is a picture of D on plea papers but no fingerprints.

Can I use the Absentia conviction to enhance to felony DWI?

After the question above is answered....where is the justification for pleas in absentia where punishment could include jail? I have a DWI right now who is requesting this--she's out of state with a sick relative--but I haven't found anything that says it's legal. And then how to avoid the exact problem mentioned above???

For a prior thread on this subject, click here.

And that makes post #5,000.

So do you get a set of steak knives now?

...Dang, my post count seems so feeble now.

You're still da' bomb.

And what's third prize?

[This message was edited by David Newell on 05-29-08 at .]

I intend to get to 5000 by asking the same questions in multiple threads and completely forget that I have asked it before....

So, you noticed that too?