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  1. #1
    Join Date
    May 2014
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    7

    Default First DUI in Indiana After 2 Prior Dui's in Michigan

    My question involves criminal law for the state of: Indiana / Michigan
    My ex has 2 prior DUI's in his home state of Michigan and had his license suspended for over 6 years because he refused to follow the necessary steps to reinstate his license (classes, Interlock device, etc). His suspension was extended a few times due to getting caught driving without a license. He recently took a long term out of state job in Indiana and established residency there. He was only there for 2 months when he got another DUI. It is listed as a 1st offense and it does not list "Driving without an Operator's License" as a charge. Is it possible he was able to obtain a legal driver's license because Michigan does not share driving records with other states? Will the judge know of his 2 prior DUI's and take that into consideration when sentencing him in Indiana? I am tired of him being able to skirt the law and have little to no repercussions to his actions. I fear he could injure or kill someone in the future. Is there anything I can do to make the judge aware that he is a habitual offender?

  2. #2
    Join Date
    Mar 2013
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    17,210

    Default Re: First DUI in Indiana After 2 Prior Dui's in Michigan

    Quote Quoting danicole
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    Is there anything I can do to make the judge aware that he is a habitual offender?
    Sure. You can look up his case and notify the prosecutor.

  3. #3
    Join Date
    May 2014
    Posts
    7

    Default Re: First DUI in Indiana After 2 Prior Dui's in Michigan

    Quote Quoting adjusterjack
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    Sure. You can look up his case and notify the prosecutor.
    Thanks, do I just write a letter? Will my notification and/or name be revealed or can it be anonymous? Do I need to provide details of the prior DUI's because I do not have that.

    I looked up his case and he keeps filing motions for continuance and they have rescheduled the bench trial 3 times already but as of now, it's scheduled for 10/28 and it only lists a Judicial Officer. Is that who I notify?

  4. #4
    Join Date
    Oct 2016
    Posts
    3,282

    Default Re: First DUI in Indiana After 2 Prior Dui's in Michigan

    Quote Quoting danicole
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    Thanks, do I just write a letter? Will my notification and/or name be revealed or can it be anonymous? Do I need to provide details of the prior DUI's because I do not have that.

    I looked up his case and he keeps filing motions for continuance and they have rescheduled the bench trial 3 times already but as of now, it's scheduled for 10/28 and it only lists a Judicial Officer. Is that who I notify?
    A letter or even a phone call should do it.

    It could be.

    You need to give them enough information so they can find the record.

    I'd contact the prosecutor's office who is working the case.

  5. #5
    Join Date
    Jul 2018
    Posts
    1,720

    Default Re: First DUI in Indiana After 2 Prior Dui's in Michigan

    Quote Quoting danicole
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    My ex has 2 prior DUI's in his home state of Michigan and had his license suspended for over 6 years because he refused to follow the necessary steps to reinstate his license (classes, Interlock device, etc). His suspension was extended a few times due to getting caught driving without a license. He recently took a long term out of state job in Indiana and established residency there. He was only there for 2 months when he got another DUI.
    I assume this is an ex-husband or ex-boyfriend, but I'm curious how it is that you're privy to this information and why you're keeping tabs on him.


    Quote Quoting danicole
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    It is listed as a 1st offense and it does not list "Driving without an Operator's License" as a charge.
    Listed where, and what is "it"?


    Quote Quoting danicole
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    Is it possible he was able to obtain a legal driver's license because Michigan does not share driving records with other states?
    In the abstract, virtually anything is possible. However, Michigan does "share driving records with other states." It's also possible that you're wrong about his license being suspended in Michigan. It's possible that he got it reinstated and now legally has an Indiana license. Again, virtually anything is possible.


    Quote Quoting danicole
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    I am tired of him being able to skirt the law and have little to no repercussions to his actions.
    Given that this is your ex, why do you care?


    Quote Quoting danicole
    View Post
    do I just write a letter?
    You can do that.


    Quote Quoting danicole
    View Post
    Will my notification and/or name be revealed or can it be anonymous?
    You can send your letter anonymously. Whether you do or don't send it anonymously, it will be part of the case file that could be discoverable by the defendant and his attorney.


    Quote Quoting danicole
    View Post
    Do I need to provide details of the prior DUI's because I do not have that.
    You don't have to do anything. Think about how you would react if you got an anonymous letter that says nothing more than, "So and so is a habitual offender! He had two prior DUIs in Michigan and got his license suspended as a result." Do you think the prosecutor is likely to do anything with that?


    Quote Quoting danicole
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    as of now, it's scheduled for 10/28 and it only lists a Judicial Officer. Is that who I notify?
    Again, I'm not sure what "it" refers to, but you were already told that you should notify the prosecutor.

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