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Repeat OWI offender totals Milwaukee squad car...

Discussion in 'Cop Talk' started by golls17, May 18, 2011.

  1. golls17

    golls17 Lifetime Newbie

    2,830
    109
    Feb 3, 2009
    Wisconsin
  2. trdvet

    trdvet

    1,374
    5
    Oct 2, 2004

  3. DaBigBR

    DaBigBR No Infidels!

    8,798
    8
    Oct 28, 2005
    Circling the wagons.
    Civil sanction...kinda like your DL suspensions/revocation are, just without the criminal side.
     
  4. TexasFats

    TexasFats NRA, TSRA, SAF

    1,002
    1
    Sep 14, 2006
    Austin, TX
    For somebody with this guy's record of five, I would recommend about 30 lashes with a horsewhip. Loss of license, fines, and going to jail doesn't seem to deter him, so maybe taking it out of his hide will get his attention.
     
  5. Here, a first time DWI Conviction is a misdemeanor. Second raises to a felony.
     
  6. OLY-M4gery

    OLY-M4gery

    2,381
    194
    Nov 7, 2001
    Southern WI
    1st Civil forfiture

    2nd Misd

    3rd Misd
    3rd with a child in the vehicle Felony

    4th Misd
    4th With a child in the car Felony
    4th if a prior is within 5 years Felony

    5th Felony
     
  7. DaBigBR

    DaBigBR No Infidels!

    8,798
    8
    Oct 28, 2005
    Circling the wagons.
    Three here for a felony. First two are misdmeanors, third is a "D" felony and can get you five years, which is not at all unheard of. Priors only count for the preceding twelve years. Three in twelve years also triggers an automatic six year license revocation.
     
  8. Add a kid in the car, even first time, and it's an automatic Felony here.

    And priors only go back 10 years.
     
    Last edited: May 19, 2011
  9. trdvet

    trdvet

    1,374
    5
    Oct 2, 2004
    Ditto but we don't care how far back you've had one or what state.
     
  10. shootindave

    shootindave

    359
    0
    Feb 15, 2007
    Missouri
    DUI with broken bones here is Felony Assault. First two are misd. third is a felony. If BAC is .3 or above its a Felony even if its your first.
     
  11. DaBigBR

    DaBigBR No Infidels!

    8,798
    8
    Oct 28, 2005
    Circling the wagons.
    Serious Injury by Vehicle here (which would include while driving drunk) is a felony and can net a fellow a nickel. Kill somebody with your car while drunk and you can get 25 years. I have a high school classmate that killed his best friend and seriously injured himself and two others in a drunk driving crash a few months after we graduated (and right after I became a cop) that is currently in prison (eight years later) for vehicular homicide.
     
  12. OldScribe2009

    OldScribe2009

    1,264
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    Jul 23, 2009
    I've been told that almost all states have an agreement to hold each other's DWI convictions as cumulative prior charges. I lived next door to a woman who got 4 in Arkansas, then her fifth DWI in Missouri put her in prison. They didn't count it as number one, they charged her for number five!

    Don't they keep track of all DWI's in a criminal database?
     
  13. DaBigBR

    DaBigBR No Infidels!

    8,798
    8
    Oct 28, 2005
    Circling the wagons.
    It's usually not actually an agreement as much as it is each state's decision (either via statute or caselaw) to honor convictions for offenses that "substanitally correspond" to the element's of the current offense state's statute, if that makes sense.

    There is also a non-resident violators compact (NRVC) that includes sharing of violation data between states, but generally prior impaired driving conviction area is going to come from the person's criminal history and not (solely) their driving record.
     
  14. Napalm561

    Napalm561

    569
    0
    Apr 21, 2009
    Oklahoma
    I arrested a guy several months ago for APC. Wife (drunk also) and 10 year old girl in the truck. I thought she was there to blow into the interlock device, but he had by-passed it somehow. Anyway, the turd blows a .23, and before taking him to the county jail, I attach his Triple I & other info.......I discover this was his 9th DUI offense. And, his DL was valid.....WTF?
    He has one helluva lawyer, I guess.
     
  15. x_out86

    x_out86

    1,407
    118
    Feb 19, 2007
    Wisconsin
    In WI ours is a little confusing for boots and those who dont work much night time traffic.

    Our works like this for priors: (here is a little hypothetical to help)

    -Joe Blow gets his first OWI. Its a forfeiture offense.

    -Later on, Joe Blow gets another OWI. If the first one was longer than 10 years ago, he gets #1 again. If it was within 10 years, he gets #2 (a traffic crime).

    -After that you count LIFETIME priors. No more 10 year rules.

    Our state is nice enough to let you have TWO OWI 1st, so long as you plan them out at least 10 years apart!

    They just made changes to our OWI laws including IID requirements for repeat offenders and changing OWI 4th to felony...However that is only if #3 was within the last 5 years.

    We dont have a drinking problem or anything... :whistling:
     
  16. x_out86

    x_out86

    1,407
    118
    Feb 19, 2007
    Wisconsin
    Holy S***! We would have alot of first time offenders being felons then!

    My last drunk was a .288.

    Not much of a feat or remarkable arrest by Wisconsin standards. LOL
     
  17. x_out86

    x_out86

    1,407
    118
    Feb 19, 2007
    Wisconsin
    Dont forget:

    1st (with passenger under 16) - Criminal Traffic (Misd)

    OH NO!!! NOT A MISDEMEANOR! :shocked:



    On a side note....WHY THE HELL DIDNT I JUST MULTIQUOTE THESE AND MAKE IT A LOT MORE STREAM LINED?
     
    Last edited: May 23, 2011
  18. trdvet

    trdvet

    1,374
    5
    Oct 2, 2004

    No agreements just plain ol' criminal history. If someone had two previous convictions in WI and they were both civil then it would still be a felony in my state due to it being the third one.
     
  19. trdvet

    trdvet

    1,374
    5
    Oct 2, 2004
    DWI With Minor Child Under 15 is an automatic blood draw and a felony. Other than that it's a misdemeanor.
     
  20. DaBigBR

    DaBigBR No Infidels!

    8,798
    8
    Oct 28, 2005
    Circling the wagons.
    If neither of the first ones (from Wisconsin) were criminal, they wouldn't be on a criminal history.