In the state of NM, my sister in-law blew a .22(.16 is considered an aggravated DWI here). I'm just curious about the possible defenses. I realize every state has different statutes...so generally.
2007-01-02 13:48:52 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
By the way, she does not remember a thing. She left a bar and next thing she remembers is waking up in a cell. The tow service report states they had to remove her vehicle from a ditch.
2007-01-02 13:52:34 · update #1
Don't get me wrong, I want her to pay the price so she can re-evaluate her lifestyle for the better.
2007-01-02 13:56:47 · update #2
There is none. She got drunk voluntarily and drove her car in that condition. She is lucky she is not being charged with homicide by use of a vehicle.
2007-01-02 14:07:03 · answer #1 · answered by Allen P 2 · 2⤊ 0⤋
There would be 2 basic defenses here:
1) She was not driving - the facts laid out above are not clear enough to show for certain she was driving. Go to the police station and get a copy of the police report. Also, speak to people she was with that night, are they certain she left alone?
2) Rising blood-alcohol level - there would be no reasonable argument that she was not DUI (0.08) when driving, but it is possible that she was under .16. Again, it would be necesary to speak to people she was with. If she drank alot immediately before she drove, she may have been under .16 at the time she drove.
Don't get too excited about these possibilities. Either would probably be a long shot, giving the very brief fact sketch provided above. However, these defenses should be examined thoughtfully before entry of a guilty or no contest plea.
2007-01-03 01:48:55 · answer #2 · answered by left_or 1 · 0⤊ 0⤋
i agree, I don't think that there is anything that she can say to get out of this. Thankfully here in NC, they have passed a law that you can not get out of DWI charges very easy. There is many things that have to be done now because they are wanting to make sure that the lawyers and judges are getting together behind closed doors to cut deals. They now have to all put in writting why and how the charges are being dropped or reduced.
2007-01-02 21:58:41 · answer #3 · answered by M 2 · 2⤊ 0⤋
What's to defend here? If she was the one drinking and driving, then she should just plead guilty. I'm sure her attorney, if she get's one, will try to come up with many defenses. They are good at doing that. Some advise here. If she hires an attorney, he/she will charge her $$$. Then she will most likely be found guilty anyway because of the BAC and then she will have to pay both the court and the attorney.
2007-01-02 21:59:15 · answer #4 · answered by gablueliner 3 · 2⤊ 0⤋
I'm sorry there is no defense. Just because she was too drunk to remember anything is not a defense. Not to sound preachy but your SIL needs to face up to her mistakes, take the punishment, and learn from this. She should thank her lucky stars she didn't kill herself or someone else.
2007-01-02 21:57:53 · answer #5 · answered by butterflykisses427 5 · 2⤊ 0⤋
There is no defense for a DWI or as I know it as a DUI. She is lucky she didn't hurt or kill herself or anyone else. She needs to take a plea if it is offered.
2007-01-02 22:07:14 · answer #6 · answered by Chillin-it 7 · 1⤊ 0⤋
Just be happy no one got hurt, she will do some time and pay a fine, at least she is alive and can learn from this.
2007-01-02 21:58:12 · answer #7 · answered by boxersgirlbunny 5 · 2⤊ 0⤋
Not much to defend on this one. Sounds like she is just going to have to own up and take her medicine when it is given to her.
2007-01-02 21:54:18 · answer #8 · answered by ? 5 · 2⤊ 0⤋