Is my state negligent if a judge frees a habitual offender in the morning and he hits me DUI that afternoon?
364950
I doubt the state could be sued for negligence.  We live in a country that you are innocent till proven guilty.  For the innocent that are charged this is good.  For the innocent no charged the guilty that are free to walk this sucks.
980818
yes and most of them are hypocrites. our DUI judge places people in jail, takes away their freedom, but it's okay for him to sit on the bench drunk. the whole town knows it, the lawyers, the cops, etc. we watched the cops pull him over one night and they gave him a ride home, (we followed), but how can you  fight it?
209753
That's a real shame.  You poor, poor, poor dumb ass alcoholic.  Ever consider calling a cab?  Worse yet is the fact that the state you live in allowed you to get 5 DUIs.  Where I'm from you will most times serve after your second.  The simple fact of the matter is that being as old as you are... it's already too late for you.  You will never change ever.  You have chosen to spend your life in a bottle chasing wiener half your age and half the time probably getting paid for it.  You say you have a good lawyer, so why post your question here?  In your reality is there going to be a magic answer on the Internet that is going to keep you out of jail?  I'm half your age and even I know that. Jeez.... I really hope you haven't procreated because if you have I'll bet they're proud of you now.  I'll bet you're proud of yourself.  Not once did you even mention being ashamed of yourself or consider what could have happened had you wrecked.  The best thing you can do for yourself is GO TO JAIL.  At least there you can't drink.  Maybe get yourself a little lesbian lover and spend your time planting flowers instead of graves.
793795
Polo, here is the sad truth:  He won't approve it.  There are guidelines that the judge has to adhere to.  He cannot allow you to take a second defensive driving class within the specified time.  Sorry.  You failed to tell us the State in which you received the tickets.  There might be slightly different laws from state to state.
419602
This depends on state law, and the judge handeling the case.  Depending on these factors, you may be given extra time, a higher fine, or even jail time.
183291
It can go either way...a chance you take. The judge could lessen the charge or ammend it. Or if found guilty you could pay more including court costs, lawyer etc.... I would talk persoanlly to the officer who issued it first, before the court date and ask if he could help you out, provided you did not curse the officer out or spit on him during the traffic stop, or tell him he should stop eating doughnuts.
516619
You will have to get the charges expunged to be free of this in the future also. This is a part of the computer age, with credit checks and criminal background checks. People discriminate legally all over the United States with this process. One with a felony drunk driving may have a 10% chance of being employed for getting drunk. I personally don't believe in drunk driving, but some of the States are punishing people into poverty. This also another way to control, and remove Americans from the voting process. Your going to have to live with your own choices I am afraid, and remember there really is no forgiving and forgetting after a conviction nowadays.
834066
After this much time the warrant will have been pulled from the system so you will need to go to the court and "turn yourself in."  I would write them a letter and tell them when and where it happened.  They may not even have a file anymore.  If they do, tell them to mail you with an appearance date.  They will do that and you can go to court and take care of the old drunk driving.\n\nWhen you failed to appear on court, however, your non-appearance was another crime.  In most cases, that would be a misdemeanor and handled the same as the DWI but if you were on Probation or had prior DWI's on your record it is possible that the "failure to appear" would have been filed as a felony.  In that case, the charges may still be active.  Since you are turning yourself in to clear things up, it would be unlikely for you to have to do any jail time but you will probably still have to pay the fines and penalties.\n\nYou might want to start by contacting an attorney in the area who can find out what is or is not still on your records.  And don't forget the driver's license files - even if the court case is cleared you want to be sure your license to drive in Tenn. is also restored.
577452
He obvioulsy did not do hard time for his accident.  I don't know what state you live in but in Texas, we take that very serious and doing some prison time for his DWI would change his mind.  Unfortunatley, his age has a lot to do with it and he thinks it just won't happen to him again.  If your son escaped probation and/or incarceration time, believe me its coming if his behavior has not changed.  If he is on probation and your are helping him with paying his fines, court costs, etc. stop. Let him deal with this on his own.  Let him be responsible for his mistake. ITs going to take jail/prison time for your son to realize what he is doing.  Then once he sees the punishment then will rehabilitation work for him. Basicly, like was said before, he has to hit rock bottom and hopefully that happens without him killing himself or another innocent person.  Having him visit the trauma unit a local hospital on a weekend is something that you may consider. A Victim Impact Panel offered by MADD or any other advocate agency in your area is also a good idea.  Find someone that is very ill with psorosis of the liver due to alcohol use, and let them explain to your son what excessive alcohol use does to your whole body, not just your liver.  Im an adult probation officer and I see this situation everyday. Both ends of the spectrum.  The young kid who says "not me" and the older individual whos body is breaking down that says, "I should have listened". Hope this helps.
1107529
Depends on the type of assault and the judge.  Was it a felony?  You could face jail time, restitution and probation.  If it was a misdemeanor, you could still be sentenced to all of the above but on a lesser basis.  It really depends on the situation.
723029
I would.  That's a ridiculous reason to ticket someone.  You have a chance of winning and if not, the worst that could happen is you get the exact fine that you have now.  You have nothing to lose but a few hours out of your day.
330269
The debate is basically whether you should be charged with a felony because of the possibility of causing serious harm/death, even if you do not actually cause it.\n\nTreating it as a felony basically says that you either intended to cause harm, or that you so didn't care (recklessness) that it's the same as if you intended it. This basically treats drunk driving as attempted vehicular manslaughter.\n\nThe counter-argument is that if no harm does result, then absent any actual intent, you should be penalized only for what you did, rather than what might have happened. For example, is there a difference between driving drunk through a busy neighborhood at 3 in the afternoon when kids are playing, versus driving drunk on a deserted road outside town at 3 in the morning? What is the relative likelihood of serious harm/death in each situation? If the likelihood of harm/death is not the same, and no harm actually results, (and we'll assume no actual intent) why should they both be treated the same?\n\nThe punishment for a crime should fit the crime. This includes fitting the mental state (intent, recklessness, carelessness, etc) and it should fit the actual (or intended) outcome. That's why many states consider a first (or even subsequent) offense of drunk driving, where no actual harm results, as a minor offense; but repeated offenders (thus increasing the likely risk of harm) or those who actually do cause serious harm/death get nailed for it.
839901
Sounds pretty serious and yes, he will be charged w/DUI the other people could sue his insurance and should as they may not be able to work for some time. \nDrinking and driving is so wrong when you can call someone or a cab to take you home. \nSorry to hear your friends are hurt since this is all preventable.
185014
You could be subject to arrest.  It depends on the judge.  It would behoove you to show up. At least call if there are circumstances that prevent you from attending, but have a good reason.
390231
Depends on when the judge makes the decision.Followup with your lawyer.
1130745
It really depends where you are and the consequences of the assault even if you were in the car while it occurred.\n\nBest case: slight punch, no wounds, no previous conviction, spur-of-the-moment kinda things. You'll get away with a probation asking you to keep the peace for a few months.\n\nWorst case: the guy beated the living daylight out of the vic, you've done this before, you planned it. All bets are off, you could get prison time.\n\nWithout the jurisdiction, I can't give a better estimate.
795222
Depends on the state. Check your state's DMV website. And learn a lesson, will you? First time is an accident, second time is just plain stupid and that is exactly how a judge will look at it. Your second chance was to take the class but a second offense has you well on your way to habitual offender and you're back on a bike.