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-   -   I have a legal question for any willing to take a crack at it...... (http://www.ironworksforum.com/forum/showthread.php?t=86085)

Stormymystic 05-19-2003 11:43 AM

my friends husband was aressted last march and charged for dwi twice on same arrest, is that legal? granted he should not have been driving when drunk, and i have told him over and over, but can they do something like that? their reason for it was because he had 2 wrecks before getting pulled over, i am pissed that they got away with that but also pissed a him for doing thisto his family:(

Cristian 05-19-2003 11:46 AM

he had 2 wrecks as you said so i think they can

Timber Loftis 05-19-2003 11:47 AM

Oghfff.... *scratches head*
[img]graemlins/readingbook.gif[/img] Depends on the STATUTE. This is governed by the Arkansas code. I doubt you could charge him for DWI twice (I assume he had 2 wrecks both prior to arrest), but you likely can charge him with "Accident Resulting from Intoxication" twice. Which is more likely what he was charged with.

Again, depends on the statute. IF this is not the first time, your friend will more than likely see the world from behind bars for up to a year (or more). If it was the first time, (a) get good lawyer, and (b) be prepared to hoof it for a while, because the license likely will be left with the court clerk.

Stormymystic 05-19-2003 11:54 AM

Quote:

Originally posted by Timber Loftis:
Oghfff.... *scratches head*
[img]graemlins/readingbook.gif[/img] Depends on the STATUTE. This is governed by the Arkansas code. I doubt you could charge him for DWI twice (I assume he had 2 wrecks both prior to arrest), but you likely can charge him with "Accident Resulting from Intoxication" twice. Which is more likely what he was charged with.

Again, depends on the statute. IF this is not the first time, your friend will more than likely see the world from behind bars for up to a year (or more). If it was the first time, (a) get good lawyer, and (b) be prepared to hoof it for a while, because the license likely will be left with the court clerk.

uggg, lol not his first or second...with new charges he now has 4 ending on him, yes it is 2 dwi's, plus he has other umm court matters,lol so he is looking at jail time i guess *sigh* i was just hoping for the kids sake but imo he needs help and needs to straighten himself up, i have only drank and driven once, and told him to many times to count he was going to wind up killing himself, his kids, or someone else, maybe this will open his damn eyes [img]graemlins/rant.gif[/img]

Timber Loftis 05-19-2003 11:57 AM

Arkansas DWI Sentencing GUidelines, courtesy of Little Rock courts homepage:
http://www.geocities.com/~trafficcourt/dwi1.htm

Minimum & Maximum Penalties for DWI:
http://www.geocities.com/~trafficcourt/dwi.htm

Here is LOISLAW's website. You (or anyone) can sign up for a free trial period and research your topic. Make sure to narrow your searches as much as possible or you'll spend all day reading BS.
http://www.loislaw.com/

Stormymystic 05-19-2003 12:02 PM

I will let my husband read them,lol he knows more about laws han i do

LordKathen 05-19-2003 12:39 PM

Quote:

Originally posted by Timber Loftis:


Minimum & Maximum Penalties for DWI:
http://www.geocities.com/~trafficcourt/dwi.htm


<font color=lime> Hey TL, you got a link like this one for Washington state? Being a cabby who listens to drunks bitch about my fare prices all night, I would love to be able to show them a copy of this! :D [img]graemlins/hehe.gif[/img] </font>

Stormymystic 05-19-2003 12:44 PM

lol LK, you should look yoursup on your own [img]tongue.gif[/img] I had no clue where to start, you do...

Lavindathar 05-19-2003 03:17 PM

<font color="cyan">Thought you Americans called it DUI (Driving Under the Influence).

What is DIW?</font>

Stormymystic 05-19-2003 03:20 PM

Quote:

Originally posted by Lavindathar:
<font color="cyan">Thought you Americans called it DUI (Driving Under the Influence).

What is DIW?</font>

lol it is dwi...drving while intoxicated
dui is driving under the infunce, there is a difference
slight as it may be, if you are just tippsy, then it is dui if you are falling down flights of stairs tippsy the it is dwi, ifyou have to close one eye, it is dui if you have a passanger who closes both eyes it is dwi...get it? got it? good,lol

Timber Loftis 05-19-2003 03:21 PM

DUI = Driving Under the Influence = pretty tipsy
DWI = Driving While Intoxicated = DRUNK
Penalty is commesurate with how "good" you're feeling. ;)

Oh, Lord K, the sites from D.C. are killing my search attempts. Look for lawyers in your area that specialize in DUI on www.martindale.com , and some of them will have info-pages you can quote.

Or, just let 'em know that with fines, lawyer fees, court costs, and "drunk school" to save the license, there isn't really anywhere where you can get off for less than $2K for a garden-variety DUI offense.

LordKathen 05-19-2003 04:56 PM

Quote:

Originally posted by Timber Loftis:
DUI = Driving Under the Influence = pretty tipsy
DWI = Driving While Intoxicated = DRUNK
Penalty is commesurate with how "good" you're feeling. ;)

Oh, Lord K, the sites from D.C. are killing my search attempts. Look for lawyers in your area that specialize in DUI on www.martindale.com , and some of them will have info-pages you can quote.

Or, just let 'em know that with fines, lawyer fees, court costs, and "drunk school" to save the license, there isn't really anywhere where you can get off for less than $2K for a garden-variety DUI offense.

<font color=lime>Thats Washington sate, not DC, TL, thanks though. I have people tell me they have paid upwards of $8,000, after everything. That includes paying for your alcohol class meetings, and if you get your liscence back, the breather deal for you car. I can research this on my own, just thought you might know right off where to go for easy to read and print fines and punishment. Thanks TL.

Oh, and Stormy, [img]tongue.gif[/img] . :D </font>

Timber Loftis 05-19-2003 05:14 PM

I know you live in Wash. State, Lord K. But, the D.C. sites were screwing up my text searches for stuff in Wash. State over at Findlaw and Loislaw. ;)

Cloudbringer 05-19-2003 05:32 PM

Nothing personal, Stormymystic, but it's good you're glad to hear your friend isn't going to be driving around drunk anymore! I don't mean to be rude, but I believe anyone stupid and irresponsible enough to drive while drunk AND get into accidents more than once, should pay a heavy fine and do jail time! Sorry, SM, but your husband's friend is lucky he didn't kill anyone! I hear about a fatal accident involving drunk drivers almost every day on the news!

IMO Friends don't let friends drive drunk, either. :(

[ 05-19-2003, 05:34 PM: Message edited by: Cloudbringer ]

LordKathen 05-19-2003 05:39 PM

Quote:

Originally posted by Timber Loftis:
I know you live in Wash. State, Lord K. But, the D.C. sites were screwing up my text searches for stuff in Wash. State over at Findlaw and Loislaw. ;)
<font color=lime>Ah, sorry, misunderstood. :rolleyes: :D Thanks! </font>

Stormymystic 05-19-2003 07:05 PM

Quote:

Originally posted by Cloudbringer:
Nothing personal, Stormymystic, but it's good you're glad to hear your friend isn't going to be driving around drunk anymore! I don't mean to be rude, but I believe anyone stupid and irresponsible enough to drive while drunk AND get into accidents more than once, should pay a heavy fine and do jail time! Sorry, SM, but your husband's friend is lucky he didn't kill anyone! I hear about a fatal accident involving drunk drivers almost every day on the news!

IMO Friends don't let friends drive drunk, either. :(

agree with you, the only thing that has me worrid is how is his wife going to cope with the bills and raising her kids as well as his :( it pisses me off that he did it, and I have only one thing to say about it, I drink yes, but i do not drive, when we..my husban and I, go out to a party, which is pretty much the only time we drink, they have a limo bus that takes everyone back and forth to the hotel so no one has a reason to drink and drive, he has done it more times than i can count, and i have told him he needs to stop, before he does KILL someone, I do not condone what he did, and am glad he might learn this time, but unfortuneatly, i do not see it happening unless he wants it


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