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- Feb 18, 2010
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No, they aren't. Dummy. I'm the Brazilian and you are the stupid American? I don't get it. Books never were your friend, as we can see.
You never fail to embarass yourself.
No, they aren't. Dummy. I'm the Brazilian and you are the stupid American? I don't get it. Books never were your friend, as we can see.
Honestly, I’m wondering if that charge will even stick. If all they have is that he drove earlier and planned to drive again, he may not have been DWI. I think the main factor in that charge is whether or not the keys were in the ignition.
again, it’s all different in different states so I’m not going to act like I know for sure, but if the car was parked and not running at the time of the encounter, a rich man with a good lawyer may be able to get off. He wasn’t actually ‘driving’, after all
Still doesn’t make me feel a whole lot more confident either way.
Still doesn’t make me feel a whole lot more confident either way.
I think that in most states, keys in the ignition and being in the driver’s seat is enough to convict, especially when the guy is dumb enough to admit he was planning to drive, so this could all be moot and a conviction could be a foregone conclusion.
But the specificity of being ‘in physical control’ is definitely open to interpretation. I would never underestimate a good lawyer’s ability to argue this kind of thing, especially if they have a lot of experience in DWI cases. Never put it past any judge or jury to get it wrong.
His history has no bearing on any new trial, though. They have to prove his new charges by themselves and his history would come into play during sentencing.Given his prior history, I'd say he's in some deeper trouble this time.