[Vision2020] State Sen. McGee Pleads Guilty to DUI in Deal with Prosecutor

[Andreas Schou]

If you were to take your neighbor's car less than two blocks, then
fall asleep in the back seat, it would be difficult to prove that you
intended to take the car permanently. You're probably guilty under
I.C. 49-227, however, which doesn't require an intent to permanently
deprive.

-- ACS

On Sun, Jul 3, 2011 at 12:43 AM, Tom Hansen <thansen at moscow.com> wrote:
> So, Sunil, if I were to take my neighbor's car (without his/her permission) for a joy ride around town for the evening . . . or simply to go grocery shopping . . . I am not guilty of auto theft?  Or should I drink a bottle of Jack Daniels before I go on that joy ride?
>
> Tom Hansen
> Moscow, Idaho
>
> "The Pessimist complains about the wind, the Optimist expects it to change and the Realist adjusts his sails."
>
> - Unknown
>
>
> On Jul 2, 2011, at 23:04, Sunil Ramalingam <sunilramalingam at hotmail.com> wrote:
>
>> I disagree Tom. Just because the state brings a felony charge doesn't mean a felony was committed.
>>
>> I think this was overcharging from the beginning. The state had to prove an intent to permanently deprive the owners of their vehicle, and I don't think they were ever going to prove that.
>>
>> If someone intends to permanently deprive someone, they do more than pass out in the vehicle.
>>
>> He didn't get away with a felony.
>>
>> Sunil
>>
>> > Date: Fri, 1 Jul 2011 18:02:41 -0700
>> > From: thansen at moscow.com
>> > To: vision2020 at moscow.com
>> > CC: indigo3239 at msn.com; sperrine at potlatch.com; chicory at wildblue.net; fritzknorr at gmail.com; jeannemchale at hotmail.com; cpenni at gmail.com; bhaverstick at yahoo.com; marilynbeckett at gmail.com; Jmuneta at uidaho.edu; lin at wildblue.net; helen.yost at vandals.uidaho.edu; dzeiger at uidaho.edu
>> > Subject: [Vision2020] State Sen. McGee Pleads Guilty to DUI in Deal with    Prosecutor
>> >
>> > Courtesy of KHQ-TV at:
>> >
>> > http://www.khq.com/story/15011975/sen-mcgee-poised-to-appear-in-court-on-dui
>> >
>> > ---------------------------------------------------------
>> >
>> > McGee pleads guilty to DUI in deal with prosecutor
>> >
>> > BOISE, Idaho (AP) - Republican state Sen. John McGee has pleaded guilty to
>> > driving under the influence of alcohol in a plea agreement reached with
>> > prosecutors.
>> >
>> > The 38-year-old Caldwell Republican reached an agreement Friday, less than
>> > two weeks after he was arrested in a Boise neighborhood.
>> >
>> > Under terms of the deal, a special prosecutor agreed to dismiss one count
>> > of taking a vehicle without the owner's consent, a felony.
>> >
>> > The judge approved the terms and sentenced McGee to 180 days in jail, with
>> > 175 suspended. McGee was also fined $1,000, ordered to perform 24 hours of
>> > community service and take alcohol classes.
>> >
>> > McGee was arrested June 19 after police say he took a truck and cargo
>> > trailer from the southwest Boise home of a stranger and got it stuck in a
>> > yard just down the street.
>> >
>> > ---------------------------------------------------------
>> >
>> > So . . .
>> >
>> > State Sen. John McGee (R-Caldwell), through the kind generosity of the
>> > Idaho legal system, escapes a felony conviction for auto theft by agreeing
>> > to 24 hours of community service in addition to sentencing for DUI.
>> >
>> > JEEESH!
>> >
>> > In the words of our state motto . . .
>> >
>> > Esto perpetua, Idaho.
>> >
>> > Tom Hansen
>> > Moscow, Idaho
>> >
>> >
>> > "The Pessimist complains about the wind, the Optimist expects it to change
>> > and the Realist adjusts his sails."
>> >
>> > - Author Unknown
>> >
>> > =======================================================
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>
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