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Criminal Practice — DWI – Sentencing – Uncharged Criminal Conduct – Waiver (access required)

At sentencing for defendant’s impaired-driving conviction, the trial court asked, “If I have you tested today, what are you going to test illegal for?” Defendant answered, “Just marijuana.” Since defendant did not confer with counsel, object, or assert his Fifth Amendment privilege, he has waived his Fifth Amendment argument that his sentence was based, in ...

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