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In Reply To: Sentencing Question

Date Tue Apr 29 2008 13:46

Author Lilly Kelley (w1001380@yahoo.com)

Hello - I go to court in Scott County on Friday for a settlement conference for a DWI charge. I was charged with both 2nd and 3rd degree DWI. I had a prior in WI in 2003 and initially refused to take the test when arrested because I couldn't contact a lawyer due to the late hour. Once I was told I would be charged with a 2nd degree and that I would lose my car, I offered to take the test but the officer would no longer let me. (They have me on the implied concent recording offering to take the test) At my implied consent hearing, I was granted my license back on the basis that the officer didn't have the right to charge me with refusal seeing as my offer to take the test was given less than a minute after I refused, the officer didn't leave the room, I didn't speak to anyone else, etc. I have a few questions that I would like your expert opinion on. My lawyer is less than helpful and actually is quite rude with me when I ask him speculative questions, so I figured this would be a safe place to ask these questions to see what you think. 1) I know that the sentence minimum is 30 days for a 3rd degree. I would LOVE to serve STS rather than EHM. How often do you see STS given as a sentence rather than EHM? Is this even possible, in your opinion, on a 2nd offense? 2)Do you think I have any prayer at getting this reduced to a wet reckless, or is this also almost impossible on a 2nd offense? (Keep in mind, they have no BAC, and the same judge that ruled in my favor in the implied consent ruling will also be my judge for the settlement conference. Also, the only FSTs that they have me as "failing" are the HGN and they said I had a "faint" odor of alcohol on my breath. I was pulled over for going 8 miles over the speed limit.) Thanks for your opinion! Lilly Kelley

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