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DUI Question...deciding what is a 1st, 2nd, 3rd offense DUI.

Posted on 8/22/18 at 5:50 pm
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 8/22/18 at 5:50 pm
I’m a bit confused about how prosecutors and courts in LA are deciding what is a 1st, 2nd, 3rd offense DUI.

For example... say someone is charged with a DUI and is then either acquitted or the charges are dismissed. The offender gets a 2nd DUI, but on the paperwork it is listed as a 2nd offense. How can the court use a case that didn’t result in a conviction against a defendant? If the State was unable or unwilling to prove guilt in the first case, how can they use it against a defendant in another?

If I’m charged of murder and acquitted, and then charged of another, unrelated murder, a judge would never allow a jury to hear details of the first murder. Why are the standards different for DUI’s, and more importantly, how is this considered legal?

TIA for genuine answers; frick yourself in advance for trolls.

ETA: I HAVE NEVER BEEN ARRESTED OR CONVICTED OF ANY DUI OR DUI RELATED OFFENSE.

This post was edited on 8/23/18 at 8:45 am
Posted by tigahland
Baton Rouge, LA
Member since Jun 2016
3216 posts
Posted on 8/22/18 at 5:52 pm to
you came to the right place for advice
Posted by kilo
Member since Oct 2011
27423 posts
Posted on 8/22/18 at 5:53 pm to
Stop driving drunk and getting caught, you fricking redneck.
This post was edited on 8/22/18 at 5:54 pm
Posted by The Boat
Member since Oct 2008
164101 posts
Posted on 8/22/18 at 5:54 pm to
The world needs ditch diggers too
Posted by TH03
Mogadishu
Member since Dec 2008
171036 posts
Posted on 8/22/18 at 5:54 pm to
quote:

frick yourself in advance for trolls.



You basically said “please troll this thread.”
Posted by starsandstripes
Georgia
Member since Nov 2017
11897 posts
Posted on 8/22/18 at 5:54 pm to
DUI is trashy.
Posted by LurkerTooLong
Lakeview, NOLA
Member since Aug 2016
1853 posts
Posted on 8/22/18 at 5:54 pm to
Wow, I too just got home from work, smoked a bowl and watched Night Court. Eerie...

Bull is funny.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 8/22/18 at 5:55 pm to
Once again...

I HAVE NEVER BEEN ARRESTED OR CONVICTED OF A DUI.

I don’t even drink for frick’s sake.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 8/22/18 at 5:56 pm to
quote:

DUI is trashy.


Agreed, that’s why I’ve never gotten one!
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 8/22/18 at 5:56 pm to
quote:

The world needs ditch diggers too.


Yea, I’m an engineer.
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 8/22/18 at 5:57 pm to
Walt will be here shortly
This post was edited on 8/22/18 at 5:58 pm
Posted by Elleshoe
Wade’s World
Member since Jun 2004
143616 posts
Posted on 8/22/18 at 5:57 pm to
quote:

Yea, I’m an engineer.


How fast can you shovel coal into the locomotive
Posted by East Coast Band
Member since Nov 2010
62761 posts
Posted on 8/22/18 at 5:59 pm to
You probably think OJ didn't murder anyone, either.
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
73681 posts
Posted on 8/22/18 at 5:59 pm to
quote:


Yea, I’m an engineer


Civil? Because the original statement would still work.
Posted by ClampClampington
Nebraska
Member since Jun 2017
3967 posts
Posted on 8/22/18 at 6:01 pm to
Have fun not driving for a year. If you do get caught w/o a license they double your revocation.

To answer your question, many DUIs are pleaded down to reckless driving. You are not convicted of DUI, but if you get arrested for dui again within 5 years or whatever the court imposes, they will treat it as a second offense to open up harsher penalties for you stillbeing a dipshit
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 8/22/18 at 6:01 pm to
Chemical.
Posted by DustyDinkleman
Here
Member since Feb 2012
18176 posts
Posted on 8/22/18 at 6:03 pm to
quote:

ETA: I HAVE NEVER BEEN ARRESTED OR CONVICTED OF ANY DUI OR DUI RELATED OFFENSE.


Posted by ChenierauTigre
Dreamland
Member since Dec 2007
34516 posts
Posted on 8/22/18 at 6:03 pm to
Cork, you know better than to come on this board for that. Hope all is going well for you.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 8/22/18 at 6:03 pm to
quote:

Have fun not driving for a year. If you do get caught w/o a license they double your revocation.


For the 1,000,000th frickING TIME - I HAVE NEVER BEEN ARRESTED OR CONVICTED OF ANY DUI OR DUI RELATED OFFENSE. I AM ASKING THIS QUESTION OUT OF SHEER CURIOSITY AND TO FURTHER MY UNDERSTANDING OF THE LAW!
This post was edited on 8/22/18 at 6:04 pm
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 8/22/18 at 6:05 pm to
You need to calm down
This post was edited on 8/22/18 at 6:05 pm
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