Zigner
Senior Member, Non-Attorney
I seem to have missed your reply to this question...
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Two DUIs in three months and took my child
- Thread starter KconleyK15
- Start date
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I seem to have missed your reply to this question...
FlyingRon
Senior Member
Well, you can't do much about the Nolle Prosqui. If the police didn't have an articulable reason for the stop, they can't prosecute her for that they learned as a result of it.
As I pointed out in the other thread, the incompetence plea (really the plea is just NOT GUILTY, the reason of incompetence is just the defense she will mount), is not likely to succeed. Even an alcoholic is presumed to have mens rea when he picks up that first drink. You don't get excused from actions after drinking or doing drugs just because you were intoxicated as a result. Similarly, getting behind the wheel usually shows sufficient undestanding that you must comply with the laws. It's a losing DUI defense as near as I can see unless she's going to argue someone slipped her a mickey (and even then if she had already been drinking when this happened, it will be tough).
As I pointed out in the other thread, the incompetence plea (really the plea is just NOT GUILTY, the reason of incompetence is just the defense she will mount), is not likely to succeed. Even an alcoholic is presumed to have mens rea when he picks up that first drink. You don't get excused from actions after drinking or doing drugs just because you were intoxicated as a result. Similarly, getting behind the wheel usually shows sufficient undestanding that you must comply with the laws. It's a losing DUI defense as near as I can see unless she's going to argue someone slipped her a mickey (and even then if she had already been drinking when this happened, it will be tough).
CJane
Senior Member
I suspect the answer to your question, and mine, don't fit his narrative.