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Im Charged With A Second Offense Ouil, But I Think My Prior Offense Is More Than 7 Years Old. What Should My Lawyer Do To Verify This Enhanced Charge?

When counting prior convictions, the Secretary of State counts from date of prior conviction to date of current conviction. To understand this, you need to know the legal definition of "conviction". A conviction occurs when you either plead guilty or are found guilty by a judge or jury, and this is the conviction date. This date may or may not actually be reflected on your driving record, and if it's a close call, the thing to do is to have your attorney order a copy of the judgment of conviction from the court where you were previously convicted. This is the document that would be prepared by the court and will reflect the actual conviction date. If there's still some confusion, it is sometimes necessary to order a copy of the transcript of the plea (or trial), as this would be the most accurate and persuasive piece of evidence relative to the date of conviction. Again, keep in mind that in Michigan the conviction date is not the date of sentencing, but the usually earlier date of the verdict or plea. Also, since the Secretary of State counts from conviction to conviction, it doesn't matter when you are arrested on the second or subsequent offense. If you can wait to plea guilty, or delay trial long enough that you can get past your 7 year anniversary date, then you can avoid the imposition of the more harsh license sanction by the Secretary of State, and in some circumstances, may even avoid losing your license all together. In this situation you will need a knowledgeable lawyer willing to do the work required to protect your interests.

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