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I just got through reading the Uriega case. The way that I read the case is that the ten year rule applies to the length bewteen each prior conviction that is being used to enhance the offense to a felony DWI.

Therefore, if your offense occured on 3/1/04 and you had a prior offense in 2/1/00 and 1/1/89, you are now restricted to at best a DWI 2nd rather than a DWI 3rd (This is assuming that the 1/1/89 conviction had no probationary term that would bring to within 10 years of the 2/1/00 prior conviction).

What are other jurisdictions doing based on this opinion. Filing as DWI 2nd under this scenario, filing as DWI 3rds?

Is PDR forthcoming from the State?
 
Posts: 70 | Location: Hunt County | Registered: February 27, 2001Reply With QuoteReport This Post
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Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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