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What Are Sentencing Factors?

April 26, 2017factors sentencing

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What Are Sentencing Factors?

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Aggravating Factors: Intoxilyser = .15 or more; Driving While License Revoked; 6 Driving Points in Last 5 Years; Accident w/Damages > $500; Any prior DWI conviction. Mitigating Factors: Intoxilyser = .09 or less; Pre-Trial Assessment; Safe Driving History (Less Than 6 Driving Points in Last 5 Years). Grossly Aggravating Factors: Prior DWI in Last 7 years; Having a child, under 16, in the vehicle at the time of the stop; Driving While License Revoked (DWLR) when revocation is due to a prior DWI or driving on Limited Privilege. Example: You had: (1) .15 intoxilyser (aggravating); (2) a pre-trial assessment (mitigating); (3) A DWI 15 years ago (aggravating) and a safe driving history (mitigating): Level 4: aggravating = mitigating. An “ignition interlocking device” would be required.