Thursday, May 05, 2005

Tough DWI case

Potential new client called last night, ~ 10 pm. My answering serviced texted me and I called and spoke with the father.

The kid had rear-ended someone and blew a 0.20 BAC on the breathalyzer. That's pretty high. To make things worse, the kid had a DWAI 3 years ago. Short story - his license will be revoked for 6 months minimum. They're having a lot of trouble accepting the reality of this.

DWI laws are too strict, but 0.20 BAC is high enough that I think it's a problem. The penalties for DWI are out of proportion to the offense, but that's the world we live in.

We'll see how it works out.


Anonymous said...

My god - you're not kidding.. I just recently plead to a DWAI - for blowing a .125 on a stop.

I was told by my lawyer (who is also a judge who teaches other judges at albany law school -- AND a retired State Trooper) that how I was cited for following too closely and unsafe move from lane was likely B.S.. Especially after sitting in the courtroom and hearing 3 other cases exactly like mine, With EXACTLY the same supporting charges, on the same stretch of road by the same trooper.

So I got it plead down and have paid $555 in fines, plus lawyer fee and I have another $750 to pay the DMV for a "Responsibility assessment" - I haven't even started with the insurance yet.

Thing is, I passed the field sobriety test and so on.

You'd think they could have bought me dinner or something first, before completely having thier way with me? No?

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