Grants Pass, OR asked in Criminal Law and DUI / DWI for Oregon

Q: I was charged with DUII Aug of '21. In Nov of '21 I was charged with another DUII FOR THE SAME OFFENSE. How is thatlegal

I was charged with DUII Aug of '21. In Nov of '21 I was charged with another DUII FOR THE SAME OFFENSE. I did NOT get a seperate, additional DUII charge, as i was in a residential facility. How is that legal? Is that not a form of double jeopardy?

My first lawyer tried to get the 2nd charge dropped but to no avail. I hired a 2nd attorney, we went to trial, I lost. I was sentenced to 19 months, did 16, am out now.

"In the case of State v. Nguyen from 1989, the Oregon Court of Appeals ruled that the defendant was charged twice for identical offenses, not twice for the same offense."

I was charged twice for the same offense. My current lawyer has filed an appeal (on different, complicated grounds) but not on the aspect of "2 charges, same crime"

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