http://www.wiscnews.com/bnr/news/469407
Before I get accused of pulling a Craz3d, I'll explain.
Some guy is speeding down the street with his 6 and 2 year old's in the car. Office pulls him over, and he blows a .2, whereas Wisconsin's limit is .08. That's a misdemeanor, "driving with a prohibited blood alcohol content", plus a felony, "intoxicated driving with a minor in the car".
He shows up in court and pleads not contest ("yeah, I broke the law") to the misdemeanor, and the felony was dropped. It's his 4th OWI and he's driving drunk with kids, and his felony gets dropped. Yeah, it's not like he's a bad person or anything. The only bad people are the ones who sell little bags of marijuanna -- they're the real felons. We'll let the drunk drivers vote and have guns, but not drug dealers.
As if sitting in prison for a few years and then coming out a non-felon (and ready for his 5th OWI, this guy obviously didn't learn from the first 3) weren't bad enough, he gets 30 days in jail WITH work release, and then electronic monitoring. I'm not sure if that's house arrest or just monitoring, but either way, this guy should be behind bars.
Opinions?
Quotemust undergo alcohol and drug abuse evaluation and treatment under the direction of his probation agent, according to the records.
That's worked good for everyone so far. Pay $90 and sit through four weekly 3 hour classes. That'll cure you of alcoholism for sure, and stupidity to boot.
QuoteHis penalty also includes three years revocation of his license and installation of a device in any car he owns to prevent the ignition from working if he is drinking.
This guy obviously doesn't have any regard for laws, so a license revocation will do nothing. The judge knows it too. If he didn't think so, he wouldn't need the device in his car, not that his kids won't blow it for him anyhow.
What it means is that the prosecutor is either an asshole or doesn't care about enforcing the laws in this case, because if either of those wasn't true he wouldn't have let an easy felony conviction get through for another misdemeanor. I'm surprised 0.2 isn't felony in WI - I'm pretty sure it is here.
"No contest" isn't exactly the same as a guilty plea (http://en.wikipedia.org/wiki/Nolo_contendere), by the way. It's not "Yeah, I broke the law," it's "I'm not going to fight this."
I think you linked the wrong words, but I knew that.
But I agree. In most states, first OWI is jail time. I can see 30 days and work release being acceptable for first OWI, but not the 4th.
That's pretty jacked.
p.s. re: NM's DWI laws
1st (.08-.16) = misdemeanor. .16+ = aggravated, and bumps it. For both you get mandatory bigass fine + interlock
2nd = misdemeanor
3rd = misdemeanor
4th finally = felony
Jersey's DWI laws are incredibly harsh. Good think I don't drink much or ever drive when I do. Win!
Quote from: rabbit on January 15, 2010, 05:48:26 PM
Jersey's DWI laws are incredibly harsh. Good think I don't drink much or ever drive when I do. Win!
Nothing like sitting home alone getting drunk!
Drink at home? Hardly. When I drink, it's typically in a bar in Philly with my friends.
Quote from: CrAz3D on January 15, 2010, 04:55:48 PM
That's pretty jacked.
p.s. re: NM's DWI laws
1st (.08-.16) = misdemeanor. .16+ = aggravated, and bumps it. For both you get mandatory bigass fine + interlock
2nd = misdemeanor
3rd = misdemeanor
4th finally = felony
What kind of jail time comes with those? I firmly believe that if you're stupid enough to drive when drunk (or just plain get drunk enough to think it's a good idea), you need to spend some time thinking about it, while using a toilet with no walls around it.
Cute ones.
http://www.dps.nm.org/lawEnforcement/dwi/dwiPenalties.php
You dont usu get license suspended, or time (for 1st). I dont know what happens to people that get #2. I've only seen a few cases at work where people get any (we dont do criminal law, but my boss helps some people he knows).
A childhood friend was in for 3 days right after being picked up. She was busted for her first DWI. She blew a .16+, I think. I think that is aggravated, so she'll get mandatory time (unless charges dropped to only DWI).
http://jec.unm.edu/resources/benchbooks/dwi/ch_1.htm
4th DWI/DUI in NJ gets you no less than 90 days imprisonment and 10 year suspended license (no option for work license either), plus associated MVC fines and such.
damn. and to think these new laws we have are "strict." haha
Here:
.05% = suspended license + fee to reinstate
.08% = 3 month suspended license, minimum fine of $600 for a first conviction, a mandatory minimum jail sentence of 14 days for a second conviction, 90 days for subsequent convictions. Minimum one year driving prohibition for a first conviction, minimum 2 year driving prohibition for a second conviction and minimum of 3 year driving prohibition for subsequent convictions.
Also, 3 convictions = you lose your vehicle (becomes property of the Province).
Quote from: rabbit on January 19, 2010, 03:04:32 PM
4th DWI/DUI in NJ gets you no less than 90 days imprisonment and 10 year suspended license (no option for work license either), plus associated MVC fines and such.
Looks like a 4th DUI here (MA) is a minimum year in jail + 10 years suspended license. They can take your car on a 3rd conviction here as well. We know everyone here sucks at driving so we don't fuck around with DUI laws.
I got it wrong, it's not 4th offense, it's third and subsequent, and 180 days instead of 90 (though it can be reduced to 90 if you go to rehab). There's also $1000 fine and interlock.