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Posted on 2/22/17 at 2:20 pm to Napoleon
quote:
No law against being drunk in a parked car.
You'd be surprised.
Posted on 2/22/17 at 2:23 pm to G2160
I know that's why i said a good lawyer will get her off.
I have heard of people who blew .05 getting convicted of DWI so it's all about beating the prosecution.
I have heard of people who blew .05 getting convicted of DWI so it's all about beating the prosecution.
Posted on 2/22/17 at 3:08 pm to shotcaller1
quote:
It's written law. That's what.
You must have had a shitty lawyer. A buddy of mine got 3 aggravated DUIs in 6 months in NM and nobody took his vehicle. (He was required to have an interlock for 3 years)
Posted on 2/22/17 at 3:14 pm to Napoleon
quote:
No law against being drunk in a parked car.
if the keys are in the ignition you can get a dui
Posted on 2/22/17 at 3:27 pm to AZTarheeel
quote:
A buddy of mine got 3 aggravated DUIs in 6 months in NM
That's specific to Albequerque. NM actually passed a law forbidding the govt stealing property without a conviction, but Albequerque is claiming that the law doesn't apply to them.
NM passes law forbidding civil asset forfeiture. Albeqeuerque ignores it.
quote:
Albuquerque resident Arlene Harjo, 56, is paying off a loan for a car she doesn't have, because the city seized it for a crime it readily admits she didn't commit, under an asset forfeiture program that is supposed to be banned.
After her son was pulled over for drunk driving, Harjo became one of roughly a thousand people every year who have their car seized by the city of Albuquerque in a process heavily weighted against the property owner. But unlike the vast majority of those cases, she's not rolling over. A new lawsuit filed Wednesday in state court by Harjo and the Institute for Justice, a libertarian-leaning public interest law firm, argues the city's lucrative vehicle seizure program stands in direct contradiction of recently passed state laws and "is driven by a pernicious—and unconstitutional—profit incentive" that deprived Harjo of her 14th Amendment due process rights.
quote:
Albuquerque has a particularly aggressive program to seize vehicles from drivers suspected of driving under the influence. According to the Albuquerque Journal, the city has seized 8,369 vehicles and collected more than $8.3 million in forfeiture revenues since 2010, roughly 1,000 cars a year.
"The cases I've seen are usually where parents own a car, their kid goes out and does something stupid, and then the parents end up getting their car seized," Lisa Torraco, one of the state lawmakers who sued the city, and a practicing attorney, told me in an interview earlier this year.
Which is exactly what happened to Harjo.
In April, Harjo's son Tino asked to borrow her car to take a mid-day trip to the gym. When he didn't come back that night, Harjo got worried and started calling around. The next morning, she found out Tino had driven her car to Texas to hang out with his girlfriend. On the way back, he was pulled over and arrested for drunk driving.
Posted on 2/22/17 at 4:00 pm to rondo
It is pretty disappointing, particularly in this case, that the body cameras do not provide a wider angle view. Who wants to watch her shadow when there were other things to focus on?
Posted on 2/22/17 at 5:20 pm to Topwater Trout
I agree you can and will, my point is a charge =/=(!=) a conviction.
Posted on 2/22/17 at 6:47 pm to Napoleon
I believe forfeiture of the car should be made a penalty for a second offense if you are stupid enough to do it again after your first one and you ought to go to an express lane so you can be convicted quickly.
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