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re: 62 y/o woman Second offense DWI in St Martin Parish Likely Penalty

Posted on 8/9/17 at 7:10 am to
Posted by East Coast Band
Member since Nov 2010
67002 posts
Posted on 8/9/17 at 7:10 am to
quote:

This is what should piss of everyone. Refusing an unconstitutional search should not be enough to arrest and charge someone.


The woman wrecked her vehicle. The police have every right to see if she was illegally intoxicated.
Cops don't have a right to search your home for no reason, but if there is suspicion you stole some property, they have a right to search it.
Posted by ItFliesItDies
NO MAN's LAND
Member since Apr 2011
1246 posts
Posted on 8/9/17 at 7:12 am to
quote:

62 y/o woman Second offense DWI

quote:

What can she expect from the court in St. Martin Parish?


SOME PEOPLE

She was putting lives at danger and you're asking about the consequences. P.O.S.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
141199 posts
Posted on 8/9/17 at 7:12 am to
She should go to jail for at least a year and never be allowed to drive again.
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
48643 posts
Posted on 8/9/17 at 7:13 am to
quote:

quote:

refused the breathalyzer test and was charged with 2nd offense DWI
This is what should piss of everyone. Refusing an unconstitutional search should not be enough to arrest and charge someone.



Well, since this has been specifically adjudicated by the Supreme Court, it is technically constitutional.


U.S. Supreme Court upholds MN breath test law for DUI


Warrantless blood tests are another matter, but all it takes is a warrant. Expect that if you need medical attention.
Posted by Rouge
Floston Paradise
Member since Oct 2004
138855 posts
Posted on 8/9/17 at 7:28 am to
We shall see soon if OP is truthful or not

LINK

I looked at 8/1 through 8/7 and nothing matched the OP
Posted by TheFonz
Somewhere in Louisiana
Member since Jul 2016
23557 posts
Posted on 8/9/17 at 7:42 am to
Second DWI in Louisiana is a misdemeanor. She'll probably get a couple of years of probation, Interlock in her car, and community service. Number three is a felony, which means possibly some jail time, followed by probation and home incarceration, treatment programs, fines and fees out to wahzoo.

Oh, and she is an idiot. I've lost family to drunk drivers and I have no sympathy for anyone who drives drunk. She is 62; tell her to act like a fricking adult and make better decisions.
This post was edited on 8/9/17 at 7:49 am
Posted by The Torch
DFW The Dub
Member since Aug 2014
30495 posts
Posted on 8/9/17 at 7:55 am to
She should have ran, a minor hit and run is peanuts compared to 2nd offense DUI
Posted by TigerNlc
Chocolate City
Member since Jun 2006
33220 posts
Posted on 8/9/17 at 8:17 am to
Pound her in the arse prison
Posted by waiting4saturday
Covington, LA
Member since Sep 2005
11159 posts
Posted on 8/9/17 at 8:54 am to
Wtf a 62 year old fricking around with drinking and driving for. GTFO with that shite.
Posted by BPTiger
Atlanta
Member since Oct 2011
6296 posts
Posted on 8/9/17 at 9:10 am to
quote:

Number three is a felony, which means possibly some jail time, followed by probation and home incarceration


Is this a recent development? I have a friend who got a 3rd but no jail, home confinement, etc. does the time between 2nd and 3rd matter?

eta he has some connections in the legal community... maybe that's it.
This post was edited on 8/9/17 at 9:11 am
Posted by TheFonz
Somewhere in Louisiana
Member since Jul 2016
23557 posts
Posted on 8/9/17 at 9:25 am to
quote:

eta he has some connections in the legal community... maybe that's it.


Could be. Then again, I'm in the 22nd Judicial District, a.k.a. "St. Slammany." Home incarceration is just about guaranteed here for DWI 3rd, usually for the first two years of probation, along with Interlock.

Up until a few years ago, DWI 3rd had a mandatory one year sentence (but most were out after four of five months due to good time credits). That was changed to help reduce the prison population. Hell, now you can get a 4th and still only get probation.
This post was edited on 8/9/17 at 9:26 am
Posted by tigersbb
Member since Oct 2012
13255 posts
Posted on 8/9/17 at 10:00 am to
quote:


I looked at 8/1 through 8/7 and nothing matched the OP


You have far too much time on your hands. why do you believe this occurred last week?
Posted by kciDAtaE
Member since Apr 2017
17801 posts
Posted on 8/9/17 at 10:04 am to
in Louisiana, not a big deal until your 4th.
Posted by kciDAtaE
Member since Apr 2017
17801 posts
Posted on 8/9/17 at 10:06 am to
Why does that matter?
Posted by tigersbb
Member since Oct 2012
13255 posts
Posted on 8/9/17 at 10:06 am to
quote:

Oh, and she is an idiot. I've lost family to drunk drivers and I have no sympathy for anyone who drives drunk. She is 62; tell her to act like a fricking adult and make better decisions.


If only it was that simple. Sorry for your losses. A person has to want to do the right things to prevent wrong decisions and make a total commitment to follow through. Unfortunately many never seem to get there.
Posted by tigersbb
Member since Oct 2012
13255 posts
Posted on 8/9/17 at 10:11 am to
quote:

SOME PEOPLE

She was putting lives at danger and you're asking about the consequences. P.O.S.


A bit judgemental aren't you. The potential consequences affect more than just her and the reason for asking go beyond your narrow view. I have never condoned her actions and fully respect there are laws and the well being of other motorists at stake.
Posted by ELVIS U
Member since Feb 2007
11927 posts
Posted on 8/9/17 at 10:21 am to
Minimum 48 hours in jail, 2 years probation, about 1500 fine and court cost, 100 hours of community service, mandatory attendance of a substance abuse and driver improvement course, possibly substance counseling.
Posted by Geauxgurt
Member since Sep 2013
13640 posts
Posted on 8/9/17 at 10:21 am to
She needs to sit her arse in jail for a good while putting others at risk. Pathetic how little respect some people have for others' well being when their "fun" takes priority
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
45549 posts
Posted on 8/9/17 at 10:26 am to
quote:

My 62 year old sister


Damn son, you old.
Posted by supadave3
Houston, TX
Member since Dec 2005
32420 posts
Posted on 8/9/17 at 10:30 am to
quote:

She should go to jail for at least a year and never be allowed to drive again.


Do you really believe this or are you just trying to sound cool and harsh? In no way should she lose her license for life. Going a year without a license is plenty. She'll be paying for this mistake for the next 2-3 years. That's plenty. Ya'll can say what you want, but LA is in the top 20% of tough penalties for DWI. Sure, some states are tougher but some are much more lenient too.
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