DUI update. We have been asked so many questions regarding DUIs where the person gets a second DUI arrest before being convicted of the first. Our answers have been all over the board with our strateies, but the basis for my answers was that a case called Nieves prevented a consolidation of DUIs as two first DUIs. We had all kinds of strategies to minimize the poor law set in Nieves.
The wait is over. On October 23, 2009, in Commonwealth v. Haag, Justice McCaffery wrote for a unanimous Court, overruling Nieves and its progeny. You must be CONVICTED of the first DUI before the arrest of the second, otherwise, you have two first DUIs.
As an aside for any legal scholars, the cases specifically overruled are Misner, Nieves and Stafford.
Cheers to the Supremes!