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  • Dismissals

    I never understood why when someone gets taken to court for certain charges most get dismissed. For example:

    1. 346.63(1)(a) Operating while Intoxicated (5th+) Felony U -Guilty

    2. 346.63(1)(b) Operating while Intox.-BAC .1%+ (5th+) Felony U -Dismissed /De Motion

    3. 946.41(1) Resisting or Obstructing an Officer Misd. A -Dismissed /De Motion

    Why is this the norm? Just curious.

    [ 03-29-2003, 06:52 PM: Message edited by: Mickey Knox ]

  • #2
    There are many reasons why charges will get dismissed. The most common reason is when charges are dropped as part of a plea bargain. In this case there may have been charges on another docket. As a condition of pleading guilty on one docket the charges on another get dismissed.

    There are many other reasons that come into play when the prosecution fails to meet deadlines (ie right to speedy trial) or when a motion to exclude evidence is granted (bad search by officers). These reasons for dismissal are less common but they do happen.


    • #3
      Well,with the DUI, since he was convicted of the "under the influence" subsection, no point to also pleading to the "over .10 percent" subsection. The fine doesn't double or anything because both subsections are charged. A conviction for either one carries the same weight.

      As far as the resisting, if he is being convicted of a felony, he has far more to worry about than a misdemeanor. He'll probably go to the joint for the 5th DUI, so the misdo won't have any effect on things.


      • #4
        Yeah the subject in question did do to jail for the 5th. Two years and license suspension for 3.

        I always thought that if they were convicted of more charges the penalty was higher. Guess not.

        IMO though, the subject should have been imprisoned way before their 5th DUI.

        [ 03-29-2003, 08:51 PM: Message edited by: Mickey Knox ]


        • #5
          I arrested a guy in 1983 for felony DWI. This after he already had numerous convictions for DWI and at least 1 conviction for killing a person while driving under the influence. He recently was convicted for his 12th DWI I believe. The jury gave him a life sentence, which means he has to serve at least 15 years.

          Its pretty sad that it takes more than the career of one police officer to remove a dangerous person from the road.


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