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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4395
Experience:  Almost 12 years of legal experience, primarily in criminal law
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If you get a owi first offense and driving while barred in

Customer Question

If you get a owi first offense and driving while barred in Iowa what's the consequences and can you get it dropped if you have another owi first offense going on in a different county
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.

Hello.

I'm sorry to hear about your situation. Unfortunately, it is not very likely. Since the cases have different prosecutors, neither one of them has any authority to make a plea deal on the other's case. If they were in the same jurisdiction, you could try to consolidate them and work out a "one for one" deal where you plead guilty in exchange for a dismissal on the other but being in different places, it is unlikely that you could work out a deal like that. In addition, I assume that since you are barred that you are a habitual traffic offender...so it is unlikely the prosecutors will be motivated to work together to cut you a beneficial deal with two OWIs, a problematic driving record, and driving while barred charge. Anything is possible...but it is not at all likely, unfortunately.

In terms of penalties, driving while barred is an aggravated misdemeanor that carries up to two years in jail and/or a fine. With a first OWI, the penalties are 48 hours to 1 year in jail, a fine, a six month license suspension, and a mandatory ignition interlock if your BAC was over 0.10. You will likely have to serve probation and the court can order conditions of probation like alcohol treatment, driving classes, and community service.

Sorry I can't give you better news about a consolidated plea deal. It is not completely unheard of, it just happens very rarely when multiple jurisdictions are involved.

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