I was charged with 3 charges 9-30-5-1 (OWI),9-30-5-2 (OWI),35-44-2-2c1 (FI). On motion hearing, can I file motion to dismiss charge 1, 9-30-5-1 as it is the same as charge 2 9-30-5-2 (OWI). Both a OWI, as it could full under double jeopardy? And charge 3 is not false informing, it is false reporting. What can be done about charge 3? They meant to charge me with false informing but charged me with false reporting..
Answer
They can try you on both OWI charges, but they cannot convict and sentence you on both of them. A motion to dismiss prior to trial would not win.
An attorney would have to read Count III to answer your question. Get a lawyer to represent you, or ask the court to appoint one. Handling this yourself is NOT a good strategy.
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