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Need some help guys....


BadSamaritan
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I have fallen into a bit of legal trouble as of late, and need some advice.

 

Actually, i just need one question answered, and I think I can go from there.

 

If the court hits me with mutilple counts of a certain crime, will they usually just go with the worst one, and drop the other, or should I get ready for a hailstorm of penalties from both of them combined?

I once knew a great man. Nothing got to him, and he always smiled. May he forever rest in peace, knowing fully well that his freinds shall remember him.
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I doubt I can answer - though just for some clarity for those who might be able to help, what country do you live in and what kind of things did you do (maybe just the nature: bad, not too bad, nothing special, drunk etc.)?

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I'd be glad to testify as to you being a good person... Though if this is something along the lines of illeagle downloading... Well, i suggest Evaders denies the court access to the site. Ditto on the whole accounts of what you did thing, though I think they will probably charge you on all accounts, either in one trial or multiple trials. Sorry about that.

12/14/07

Nu kyr'adyc, shi taab'echaaj'la

Not gone, merely marching far away

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Basically, I got busted for drinving drunk. Again. Blew a .17 at the scene. I live in Minnesota, USA, so the legal limit for BAC is .08.

 

They are charging me with Driving While Intoxicated, and for driving with a BAC of over .08. What confuses me is that they are both the same thing, but they are bringing two counts of it against me.

I once knew a great man. Nothing got to him, and he always smiled. May he forever rest in peace, knowing fully well that his freinds shall remember him.
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Guest Scathane

In the Netherlands, you can get sued on two counts... The first is by criminal law and the second is by transportational law. They both adhere to the same BAC standards, but punish quite differently. The first can only fine you, whereas the second can also revoke your license (permanently if need be).

 

Maybe US legislation has similarities?

 

edit: read this!

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Since it's your second offense, maybe that's why their giving you two accounts. The first for DWI, and the second one for the severity of your BAC. I dunno, I fell asleep when the DARE cop came to my high school to bs with us.

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On the upside, if you drive drunk I don't think you necessarily do hard time. At worst I'm pretty sure you'll get several month's community service. If any time is to be served in jail, I think it would probably on a couple of months. Good luck, you have my pity.

12/14/07

Nu kyr'adyc, shi taab'echaaj'la

Not gone, merely marching far away

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I wish I could help BS, but I can't stand lawyers as a group. (I have however met a couple of people that I can stand that happen to be lawyers.) I would say prepare for the worst, that way if they only charge you on one count you can be pleasently surprised.

 

Good luck man. We're all here for moral support if you want it.

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DWI... ouch. Hmm, I don't know what to say. You're screwed?

 

You can start with kissing your drivers licence good bye. Especially with a repeat offence. That's the way things are here anyways and our laws tend to not be too different from the states.

 

I reccomend a bus pass and some sort of frequent Taxi points if your local cab company has them.

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It's possible that you're being charged with two different offences because there are slight variations between them allowing the state to hit you twice. The unfortunate part is that, if there is any prison time for this (not too sure how the US deals with this), you'll have to serve them concurrently.

History is on the move, Captain. Those who cannot keep up with it will be left behind, to watch from a distance. And those who stand in our way will not watch at all."

- ”Grand Admiral Thrawn"

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I'm affraid I don't know much of the American law system, though if there are any simularities between the law in America and Australia - it's doubtful that you'll get jail time. Generally, here you'd loose your liscence for a minimum of 6 months and then be hit by a big fine and/or community service.

It's a good idea to talk to a lawyer about this sort of thing. I know here that some lawyers will give advice for free, and if you're part of a University or simular they usually have a law department that can help (that being said, if you have a friend doing a Uni course you can get them to find out the info for you).

 

Good luck with it, how long until you go to court?

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Go to court on the 30th of this month.

 

Talked to a lawyer yesterday, she said that she can get them to drop one of the charges, then we can try and plead down due to the reason i was driving. I was over half a mile from my house, and the windchill registered at -17 F. I did try to find a sober cab, but no luck. So driving was the only realistic option.

I once knew a great man. Nothing got to him, and he always smiled. May he forever rest in peace, knowing fully well that his freinds shall remember him.
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...good stuff, good stuff... What do you know about the judge and his history? Anything? I'm going to see if I can find previous cases of drunk driving and what people wound up getting. I think Krytos is probably right on the no hard time count (I think I said you might get a few months at most). But if you can play to the judge's pity, I think you can get a less severe sentence. Find out what you can about him before you go to court, and make sure you remain composed throughout... Anything that I'm forgetting due to my extensive courtroom knowledge from the one John Grisham book I've read? Nope, don't think so, other than make sure to tell the truth, the whole truth, and nothing but the truth.

 

...Though I do have a strategy that I've always wanted to see tested in a courtroom. Claim that what you did was part of your obscure religion of which you are the only follower. If you can convince people that much is true, then the court has no choice but to let you out due to freedom of religion.

 

Edit: Oh, man, this sucks. According to a law thing that I found on line, you will serve a minimum 30 days in jail for your second offense. It might have been a typo since it immidiately jumped to the charges for fourth conviction of DWI, but I don't know.... This is bad... :?

12/14/07

Nu kyr'adyc, shi taab'echaaj'la

Not gone, merely marching far away

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Sounds like the Lawyer has the right strategy there. Just hope all goes well for you BS. Would suck to not here of you for 30 days.

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Not hearing from you would suck as well

 

No, I'm pretty sure Tofu got it right - implying that it would be bad if we didn't hear from BS (which it obviously would be :( ), as Mad said.

 

Good to hear that the Lawyer's on top of things and stearing you in the right direction.

Best of luck with this BS, I think I speak for everyone when as I wish you the best of luck and the best outcome.

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