My husband was convicted yesterday in oregon for his 3rd dui, his previous 2 were 11 yrs ago. How can they look back 11 years? His record in california had even been purged and the court record does not exist in their files any more but based on driving record the judge said it was his third. He hasnt had any driving record since moving to oregon not even a speeding ticket and he was convicted of his third DUI is there anything we can do to get this overturned
Good Morning,
I do not have all the facts so my statements may not be entirely accurate to your situation.
Based on your explanation I am not sure what exactly you would want overturned, the fact that it was your husband's third duii, or the conviction. The fact that the court indicates it was his third DUII may not have actually played into the sentencing process. As you state the previous DUIIs were 11 years ago, they likely did not play into the sentencing if the court did not sentence this DUII as a felony. The time period is relevant because if it was his third DUII in a 10 year period then the offense would be considered a felony, and there would be a lifetime sanction of his driver's license. The time period is also relevant because if he had not had a DUII in 15 years, then he may have been diversion eligible.
Often times the court is able to use information that isn't relevant when it or the jury determines guilt or innocent, but is relevant for sentencing purposes. For example, the fact that a person has prior convictions for a duii can't be expressed to the judge or jury before the fact finder determines the person is guilty, AFTER that it can be used for sentencing. I hope this helps clarify the situation.
