My brother in law was convicted of P.I in November and was arrested yesterday for O.W.I. I am curious if he would be charged as a repeat offender due to both being alcohol related?
2007-01-05 09:37:37 · 7 answers · asked by Tara S 2 in Politics & Government ➔ Law Enforcement & Police
I don't think there is a charge of "repeat offender." Most states will enhance a sentence of a person convicted of the same charge 2 or more times, or of similar charges (such as an allegation that a person is a Habitual Traffic Violator after 2 or 3 OWIs). Public Intox and OWI are sufficiently different that the conviction of the PI should not automatically enhance the OWI.
However, if it's the same prosecutor for the OWI as was on the PI, s/he may just remember this, and offer a tougher sentence or seek a stiffer penalty at trial.
ALSO, if the conviction for the PI carried with it a probation or suspended sentence, then the arrest for OWI may violate that part of the sentence for the PI, and he could be hauled back into the PI court.
Your brother-in-law is in a world of hurt. Have him get into rehab NOW. And your sister should be talking to a divorce lawyer, if for no other reason than to protect her money, her house, and her kids from a husband who is going to chew up all their money with his alcohol-related crimes.
2007-01-05 09:49:39 · answer #1 · answered by Anonymous · 0⤊ 0⤋
A judge can not do what is referred as double jeoprady, a repeat offender is referred to as a recidivist. He wont charged as a "repeat offender". A judge wont call him a repeat offender but he/she will look at the prior records and give a stiffer sentence.If you look up the terminology of double jeoprady you will understand what it means in relationship to the offender. I hope this helps you question was little vague
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2007-01-05 10:40:09 · answer #3 · answered by prepaidlegal21 1 · 0⤊ 0⤋
No, one is not vehicle related, but it does point to a person who needs help dealing with alcohol issues! Alcohol is a poor pain medication!
2007-01-05 09:41:01 · answer #4 · answered by cantcu 7 · 0⤊ 0⤋
yes once u have been convicted of something then arrested for something copletely diffrent u r counted as a repeat offender
2007-01-05 09:47:55 · answer #5 · answered by joshdaniel1983 1 · 1⤊ 1⤋
That would be up to a Judge, but if I were you, I'd keep him away from open flames. Sounds like he's soaked in it.
2007-01-05 09:51:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i hope so
2007-01-05 13:40:14 · answer #7 · answered by bill 2 · 0⤊ 0⤋