Topic: Twice the legal limit, steals an SUV and trailer and gets ONLY the DUI?

[Bill, Idaho]

 (In my best Forrest Gump voice)  "That's all I've got to say about that."

God forbid anyone here gets a DUI, but try to get that good of a deal.
I'm just sayin'.
 And I would bet his "peers"  are all looking the other way.

[AR10ER]

Are you missing the link to the story, or is this a personal thing?

[Scarecrow]

This is regarding the Honorable Senator McGee.  Two weeks ago, he got drunk, "borrowed" someones SUV (and trailer) and jack knifed it in another persons yard (damaging another vehicle in the process.)

Cawthon sentenced McGee to 180 days in jail, with all but five suspended.
With credit for the two days he served on June 19 and 20 in the Ada County Jail, McGee will serve three days in the jail's community service program, where inmates typically pick up trash or do other chores. He will not have to spend another night in jail.
McGee's driver's license will be suspended for 180 days, but he can apply for reinstatement after 30 days.
His fine was $1,000, with $250 suspended.
He also will pay court costs.
McGee has already completed a DUI evaluation and will take 24 hours of alcohol education classes.
He also will attend a panel to hear victims discuss the impact of drunken driving on their lives.
One year unsupervised probation.
If he fulfills the terms of his sentence, he will have the conviction removed under a withheld judgment approved by the judge.

“We really don't know the circumstances,” Hill said. “We need to hear both sides. Our concern right now is for Senator McGee and his wife and children and the effect this may have on their family.”

Read more: http://www.idahostatesman.com/2011/06/20/1695724/mcgees-fate-uncertain-after-felony.html#ixzz1QvE5vBoj
Read even more: http://www.idahostatesman.com/2011/07/01/1711457/idaho-senator-mcgee-pleads-guilty.html

Really though, whats the normal result of a Guilty plea on a 1st offense DUI?

[Grumblecakes]

Happens more than you think. My wides mothers killed by a drunk driver who was also a sherrifs deputy back in the 80s. He only got charged with leaving the scene of an accident.

[Bill, Idaho]

I guess I should have clarified: The plea agreement on the DUI is somewhat "substantial". I can't remember hearing a mere mortal the chance to have the thing wiped off the books if they complete the terms of the agreement.
 My main concern was getting the STOLEN VEHICLE (a felony!!), WITH DAMAGE TO THE VEHICLE AND ANOTHER PERSON'S PROPERTY dropped.
  Try to get that deal sometime, get back to me on that.
 

[Bill, Idaho]

And another thing:
  The "community service " thing.  Most people think community service is the orange flavored folks picking up trash (to include rotten used disposable diapers, urine filled throw-bottles, used condoms, etc). Some of you might be surprised to learn it can also be sorting papers at the courthouse, answering the phone, manning an information booth, etc.  In other words, gravy. I know of one special person that got assigned to work at a local second-hand store in the area as "community service", and when they got there, the boss figured out who it was, and let them sit and watch TV all day!
 
Our legal system has evolved into a joke.   This guy proved it. Money and who ya' are. It'll fix anything.

[J Mack]

Happens more than you think. My wides mothers killed by a drunk driver who was also a sherrifs deputy back in the 80s. He only got charged with leaving the scene of an accident.

If I called my significant other my "wide" I think she would refer to me as her eunuch.

[9Shooter]

Really though, whats the normal result of a Guilty plea on a 1st offense DUI?

A friend got pulled over on her way home from dinner after having some drinks.  She was rightly busted and was sentenced to 3 months suspended license with exceptions for dropping off/picking up kids and such, with another possible 3 months at the end of the first.  Jail the one night she got pulled over and some amount of fines too.  The judge extended it the second 3 months when she went back for the follow up.

One thing that hasn't been mentioned in this thread was the "medical condition" that came up.  According to the news, he fell and got a concussion before all of this, due to which they are attributing the poor choices.  I'm not defending the guy, he broke the law and deserves repercussions.  It does sound pretty close to what a "regular" person would get for a DUI, but I have no clue what normal is for grand theft.

[Scarecrow]

My main concern was getting the STOLEN VEHICLE (a felony!!), WITH DAMAGE TO THE VEHICLE AND ANOTHER PERSON'S PROPERTY dropped.

Everything I know comes from watching L&O Re-runs, but if the property owners don't press charges...?

[DCR]

He got a normal penalty for any first-time DUI - I personally don't have an issue with that.

I do take issue with the fact he got a sweetheart deal overall that the average person would not.

You see, most DUI's don't have any additional charges along with them; if they do, then it's a tad more serious than the usual DUI.

The felony charge was very serious. (Isn't it ironic he voted for the legislation that made joyriding a felony if more than $1,000 damage is done?)

Ada County prosecutors don't compromise or deal down easily on felonies.  At best, they may agree to reduce them to a misdemeanor, but only after weeks or months of haggling, and only on the eve of trial.  So, for anyone else, they would have had to plead to both the DUI AND the reduced-from-a-felony-to-a-misdemeanor charge - but for McGee, they dumped the whole felony.

I don't care who you are, if you can't smell a rat there, given the proclivities of the Ada County prosecutors, well, you need to put down the pipe, kool-aid, or whatever kind of glue or paint you've been sniffing.

Even though the felony charge was a "specific intent" crime - the defendant has to have the intent to deprive the rightful owners of their property, even if only for a little while - voluntary intoxication is not a defense under the law.  Hence, the "medical condition" - the supposed "concussion" theory was advanced by his lawyers as extra insurance against an easy felony conviction.  They would then argue that the injury so affected him he couldn't form the requisite intent (mens rea) to commit a crime that has as one of its elements a "specific intent" requirement.  (Funny how he didn't require diagnosis or treatment for it during the 36 hours that elapsed between his arrest and release, hmm? )

There's more that doesn't pass the smell test:  having an Oregon prosecutor come in and handle the potential "conflict," or appearance thereof, that may arise when a county official advocates against a powerful legislator who could make life hard on the county.  There are plenty of private attorneys in Idaho who are former prosecutors and are more than competent to prosecute the case.

No...Greg Bower, the Ada County Prosecutor, got an out-of-state prosecutor (from Oregon) to do the job...someone who is not subject to public scrutiny of Ada County voters because he only answers to his Oregon constituents...someone who would be bound by attorney-client privilege (Ada County being the client "hiring" the Oregon prosecutor) not to reveal any details of who proposed what regarding the outcome, so we'll never know the names of any powers that be that applied any influence or pressure in this case...someone Bower could point to and say, "I left it in his capable hands and gave him full discretion how to handle the case..." and deflect any and all criticism from the public, press and other politicians.

So yes... John McGee got a SWEET deal, one John Q. Public would not have.

Oh...and it doesn't matter what the vehicle owners think or say - it's the state that files charges, not the victim, so they can't "drop the charges."  Think of domestic violence cases - the "victim" often wants all charges dropped against the defendant, but prosecutors won't.  Victims don't have a say in how cases are handled, but if they're not pushing it because they've been made whole again, as I understand they have in this case, it can weigh in on how much or whether a prosecutor wants to push a case.

[Bill, Idaho]

Having arrested numerous people for DUI (both first time and repeat customers) sitting in courtrooms for numerous others, and knowing numerous fellow deputies that have the same exposure to the DUI process as I do, the"Honorable" McGee did NOT get the same treatment as others who have gotten their first DUI.  His gets to go away after completing his terms of sentencing.

I ain't never heard of that for anyone else, ESPECIALLY after stealing another persons vehicle and trailer (and then piling them up). Never.
 He skated. Plain and simple.

[Scarecrow]

DCR and Bill good posts, thank you both for the insight.

[RGinIdaho]

Everything I know comes from watching L&O Re-runs, but if the property owners don't press charges...?

The property owners don't "press charges...". The State does...

The property owners may not wish to see the crime prosectuted and become less than cooperative witnesses but the state can still proceed with charges.

The state let this guy off the hook.

[GrayWolf]

DCR, I gather that you are (or were) a prosecutor or defense attorney?  At any rate, thanks for the info!

[DCR]

Yup - former prosecutor, now doing criminal defense (and other things legal).