Just so I'm clear, to your knowledge his 2008 guilty plea to underage drinking and driving isn't likely to be considered here?
I'm concerned about the CA case. Even if the MO case doesn't count as a prior right now, the CO one would if Lawson pleads guilty. If he pleads guilty, it's over -- no more appeals. Makes me think this could get complicated. Lawson might not be able to plea bargain, if that means CA can immediately call the CO guilty plea a prior.
That's not a DUI. That's a UDD, which can occur at much lower alcohol levels... he tested at .03, but he was a minor. It's not a prior for a DUI. That said, the CO police report says that Lawson told him he previously got a DUI in Missouri. But I have no confirmation beyond the police report.
I am a lawyer. If you believe you are drunk and get pulled over, do not agree to any tests. It varies state to state but in most cases they can get a blood test with probable cause or under certain circumstances. The reason you don't agree is that the longer it takes, the less alcohol is in your system and the easier it is to challenge chain of custody. In some cases it can be over an hour after being pulled over that you actually have your blood taken, and your BAC will go down. Also there are positives that have been thrown out in court based on failure to preserve evidence. The DA will try to argue with a toxicologist that your BAC was a certain % higher when you were actually pulled over, but you can get a toxicologist to argue otherwise. If you are pulled over and know you are NOT intoxicated I personally would refuse a breathalyzer and field test but agree to a blood test. If you have not been drinking, you will not get a false positive on blood. You will still have upset officers and an upset DA office but you can live with that. As for Lawson his situation is complicated so I will not offer an opinion. I will say that I believe the DUI laws in states like Illinois are overly harsh.
Depends on the state... If he was driving a vehicle as a minor with any amount of alcohol it is classified as a DUI. At least it was 10 years ago.
No jail time will be served and no judge is going to try and make a statement with him. It's a DUI, not manslaughter.
CA could be different, but if it's the same as Texas then it wouldn't matter if he pleads guilty in CO. The alleged crime takes place when you are arrested. So, if you don't have any final convictions at that moment, then subsequent convictions after that arrest cannot be used to enhance that arresting charge EVER in Texas. That said, it's likely that the judge/prosecutor would consider the other case from a punishment/probation stand point. They could push for the max on the Class B, which overlaps with Class A punishment range. However, if he were to go to trial, then I think it would help a lot. To the jury, during guilt/innocence, they wouldn't know about the other case. Since, he'd be charged with a first.
And that's what I was saying. I was referring to Lawson's refusal to take the required blood test after getting arrested. Someone asked about that. My reply was that refusing will make the plea bargain and the punishment more painful...unless y'all think he's going to get off. Have you read his CO police report? Couple posters jumped in and started talking about being pulled over in general. That's fine, and I agree. But not what I was talking about. It wouldn't matter what they called it in North Caroline (or wherever it was), it has to match CO's criteria for a DUI; otherwise, it is a UDD. A UDD isn't a prior for DUI in Colorado. Here's a summary table http://colorado-dui.com/parts/penalties.html
ah, so you're saying CO cannot be a prior to CA, because Lawson hadn't been convicted yet. Great, that's what I was worried about. Now it comes down to the Missouri issue. Did he get a DUI in MO as he stated to the CO police officers.
If he gets any jail time, it will be in the off-season. If the trial drags on forever, as they sometimes do, he might not even be a Rocket anymore by then.
Suspension is def coming my guess is 5-10 games, personally I don't think he will get jail time. My pops is a lawyer and I see guys get 10 days in county for their second felony charges with priors. Outside of hurting/killing/rape/robbery you can get off with little too know jail time. My dad had a case were a guy had been caught growing weed in his house for the 3rd time and he was a big time player and never once did this guy do more then 1 year probation. They are cracking down on dwi and there is no more deferred for it anymore and after your first it's a felony, with that's said the jails in Texas and California are just too crowded to be putting ppl away for DUI.
This actually is Lawson's fourth DUI arrest in the last 7 years. His possibility of jail time is dependent on the States involved minimum sentencing guidelines. They vary considerably state to state. However the rich rarely get sentenced to jail time if the judge has any latitude. I personally expect probation. The judge may however revoke Lawson's drivers license for many years and require him to have a chauffeur on call 24/7. Lawson and the Rockets can certainly afford that luxury.
I have 2 DUIs, one from Missouri, one in Kentucky. I've been given the impression it's mandatory jail time. I did 13 days
