Third Annapolis DUI Offense
The courts treat third offense DUI charges incredibly sternly because at this point the individual is on their third DUI offense. Hopefully, the individual is not being seen in front of the same court and hopefully not in front of the same judge as the past. Annapolis is a good-sized county whose judges have been sitting for a while. You certainly do not want to end up back in front of someone who has seen you in the past because the sentencing will likely be harsher.
It is important to have an Annapolis DUI lawyer who really knows what they are doing. Someone who does a lot of DUI work and works with clients who have prior offenses, not just a few cases here and there.
Penalties
If the state has filed the proper paperwork to show that there are prior events, this is a subsequent offender, and there are two subsequent offenses prior, then the maximum penalty is three years in prison and a $3,000 fine.
Aggravating Factors
The aggravating factors of a third DUI charge are the prior events and when they took place. The prosecution has to show definitive proof that there were prior events and have to have certified records from either the State of Maryland or any other state involved in a DUI matter.
License Suspension
After being stopped for a DUI in Annapolis, the accused would receive a temporary paper license and the ability to request a motor vehicle administrative hearing to get their license back
Almost everyone has the opportunity to do the ignition interlock program. There is the risk of the medical advisory board becoming involved with the accused’s license as well because of their multiple prior offenses.
They may put the individual into a driver wellness program that is a little bit treatment heavy, as well as put the individual on an ignition interlock for an indefinite period of time to trust that they are a safe driver again.
Challenging a License Suspension
Challenging a license suspension does not change simply because it is an individual’s thrid offense. The defendant can always challenge it the same way and that is to challenge the stop, the officer’s conduct, lack of conduct, or lack of giving knowledge of what the individual can accept or can deny. Another way to challenge is by arguing there was no reason for the stop at all.
Building a Defense
In building a defense for a third DUI charge, the DUI lawyer must address each DUI as a single isolated event. While they know that there are prior events, the defense will address them in their preparation for trial for your purposes in mitigation if we were to lose or take a plea. However, the defense does not want to lose focus on the event that it is right in front of them, which is that single moment in that single instant the defendant was stopped.
What to Look for in a Lawyer
In order to be successful, the attorney has to be very well aware of their surroundings – the courthouse, the sitting judges and what penalties there may be. You want to have someone who represents you well and is prepared for every outcome including trial or a plea deal.
You also want to be able to know if it is better to be in circuit court over district court. There are reasons to take the case to the circuit court and so having someone who has an extensive amount of experience in Anne Arundel County and especially the Annapolis Courthouse will give you the best chance to walk away free.
Court Locations
These cases originate in the district court – the Annapolis District Court on Rowe Boulevard. You also have the option to pray a jury trial and take this matter to circuit court. A lot of how the case goes will depend on who the judge is and how you are looking to proceed. It will be a jury trial if the defendant chooses to go to circuit court.