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re: Henry Ruggs involved in serious car accident (Ruggs charged with DUI)
Posted on 11/2/21 at 2:27 pm to KaiserSoze99
Posted on 11/2/21 at 2:27 pm to KaiserSoze99
quote:This part is especially problematic for Ruggs. Ostensibly can’t plead to a lesser offense and can’t have his sentence suspended nor may he get probation.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
Posted on 11/2/21 at 4:49 pm to WDE24
quote:
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
This part is especially problematic for Ruggs. Ostensibly can’t plead to a lesser offense and can’t have his sentence suspended nor may he get probation.
Seems unenforceable. What's the prescribed penalty for a DA dismissing a charge in such a way? Appears to be none. If so, "a prosecuting attorney shall not" is basically a recommendation.
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