View Full Version : OUIL 3rd


Tuberose
05-04-2005, 05:58 PM
I have looked over the current law and older versions. The definition (257.625(1)(a)&(b)) is the same except for the new temporary lower limit. My question is, what words in the new law allow them to charge for third offense regardless of wether it was impaired, under the influence or intoxicated? I remember the prosecutor instructing the jury they could choose from unlawful alcohol content, visibly impaired or intoxicated. They chose intoxicated with .09 BAC. His first two offences were both impaired with .12 and .102. I know when my brother was faced with a 3rd they offered him an intoxicated to go with his 2 prior impaireds so they wouldn't be able to go for the 3rd. This was a while back. But I don't see anything in the new law, different from the old law that would be disqualify this defense. Any answers? I know there must be other people out there wondering this. Our attorney just said it doesn't make any difference when I asked him.

mi_girl_2004
05-04-2005, 06:15 PM
Section 25 defines "prior conviction"

(25) Subject to subsection (27), as used in this section, “prior conviction” means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:

(a) Except as provided in subsection (26), a violation or attempted violation of any of the following:

(i) This section, except a violation of section 625(2), or a violation of any prior enactment of this section in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.

(ii) Section 625m.

(iii) Former section 625b.

I hope that helps.

Jenny

allbymyself
05-04-2005, 08:27 PM
:hmm: This law is so confusing to me and I have been trying to figure it out myself, can you tell me what a 257.6256D is? Im sooooo confused:confused: on all of it , I think ill go crazy:angry: trying to figure it out.
Beth

mi_girl_2004
05-05-2005, 07:34 AM
:hmm: This law is so confusing to me and I have been trying to figure it out myself, can you tell me what a 257.6256D is? Im sooooo confused:confused: on all of it , I think ill go crazy:angry: trying to figure it out.
Beth

Hi Beth

257.6256D used to be the cite for a third OUIL offense (pre-1994). I have no idea why they still use it on some of the current paperwork. I think, and it's just my opinion, that they use it as an internal reference. "They" being the prosecutor's office, the probation dept's, the parole board, MDOC, etc. They probably should change it so that it is the correct cite and stop confusing the hell out of everyone, but you know how that goes :blah:

BTW - I posted a copy of the some versions of the statute in this thread if you're curious.

http://www.prisontalk.com/forums/showthread.php?t=120534

Jenny
:D

Tuberose
05-05-2005, 05:53 PM
That's been driving me crazy along with the 257.6256. Since this current subsection is a minor under 21 wouldn't it be cool if we could all get it thrown out since they are all over 21:D I'm a dreamer :(