For Anyone Who Has Been Sentenced or is About to be Sentenced for a Second DUI with Refusal Within 10 Years
The Superior Court, in a decision filed on June 28th of this year in deciding an issue of first impression, has held that the maximum amount of incarceration that a defendant convicted under the above circumstances can face is 6 months imprisonment. If you have already been sentenced, because this is an issue that addresses the legality of the sentence, you can petition the Court to modify the sentence at any time. If you are currently serving a five-year probation/parole tail for a traffic violation under these circumstances, you should contact Attorney David Hershey at Colgan & Associates, LLC to discuss your options.
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