Don't know the particulars of DUI law wherever this happened (assuming Commiefornia). Having priors is not a guarantee of an enhancement. Often, priors will only count if they were within a specific time frame vs over the lifetime of the individual.
Having said that, nothing would prevent a city or county attorney from upping the charges. I have regularly seen that happen. I even made that happen to an asshat that crashed into me at above 70mph when I was at a stop light. I saw in the news the dude hit someone else (this was years after the fact) and I saw the charges. I immediately reached out to the prosecutor and informed him of my experience, and the guy actually thanked me and said something prevented him from actually seeing this when he went over the prior history. Dude ended up jailed instead of probation....thankfully.
People should just file public records requests for mugshots and/or bodycam footage. That would be fun!
Don't know the particulars of DUI law wherever this happened (assuming Commiefornia). Having priors is not a guarantee of an enhancement. Often, priors will only count if they were within a specific time frame vs over the lifetime of the individual.
Having said that, nothing would prevent a city or county attorney from upping the charges. I have regularly seen that happen. I even made that happen to an asshat that crashed into me at above 70mph when I was at a stop light. I saw in the news the dude hit someone else (this was years after the fact) and I saw the charges. I immediately reached out to the prosecutor and informed him of my experience, and the guy actually thanked me and said something prevented him from actually seeing this when he went over the prior history. Dude ended up jailed instead of probation....thankfully.
People should just file public records requests for mugshots and/or bodycam footage. That would be fun!
Also demand answers why the cops waited for four hours for a breath analyzer.