as a lawyer, I can advise you that you are not considering the facts.
For a violation of DUI/DWI probation by driving while your license is suspended for that same DUI/DWI sentence, 45 days is NOT that dramatic or a departure. Given the multiple violaitons, I am surprised she did not get 60 days.
I have been in court and seen exactly these situations.
Often times judges have little or no discretion due to mandatory sentencing rules.
For example, a second DUI generally has a mandatory jail time included. Many states have prohibitions agains witholding adjudications in DUI/DWI pleas. A conviction plea is the only one allowed in a plea bargain settlement.
While we may argue about this case, the fact is your observations would have to be implemented at the legislative level in order to be equal to all. The only thing unusual in this case is the fact this has become a facinating case of equal justice applied to all vs special treatment for the celebrity.
> as a lawyer, I can advise you that you are not considering the facts.
>
> For a violation of DUI/DWI probation by driving while your license is suspended for that same DUI/DWI sentence, 45 days is NOT that dramatic or a departure. Given the multiple violaitons, I am surprised she did not get 60 days.
Ummmm... I think we are arguing the same side here? In #502 I have said:
>> If it is anything less than 45 days in the clink for recidivist scofflaw behavior, then I conclude that your legal friends and you are a large part of the problem with modern society.
I too am surprised that she didn’t get substantially more than 45 days — and delighted that she got all of that much at least.
I’ve asked the question of LVHitman what he thinks would be fair, given that he believes the Courts have dealt with the hapless felon Paris Hilton too harshly.
> While we may argue about this case, the fact is your observations would have to be implemented at the legislative level in order to be equal to all.
I agree that the cat o’nine tails sentencing guidlines I proposed in #502 would probably require legislation to be carried out. It would certainly deter the felon from wearing cute strapless numbers with plunging backlines for a wee while...
*DieHard*