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

[Tom Hansen]

Good point, Andreas.

However . . .

I.C. 49-227 stipulates that this would be considered a misdemeanor if the intent to deprive is temporary and damage to the vehicle (or property taken from the vehicle) is valued at less than $1,000.  If damage (or property wrongly taken) exceeds $1,000 it is a felony.

http://legislature.idaho.gov/idstat/Title49/T49CH2SECT49-227.htm

Upon further review it has been determined that damaged caused to the vehicle by Senator McGee was valued at $2,100, thus making it a felony.

http://www.magicvalley.com/news/local/govt-and-politics/article_abbae0aa-cb76-5f94-8222-7c7bb69de69c.html

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 3, 2011, at 14:32, Andreas Schou <ophite at gmail.com> wrote:

> 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
>>>> 
>>>> =======================================================
>>>> List services made available by First Step Internet,
>>>> serving the communities of the Palouse since 1994.
>>>> http://www.fsr.net
>>>> mailto:Vision2020 at moscow.com
>>>> =======================================================
>> 
>> =======================================================
>>  List services made available by First Step Internet,
>>  serving the communities of the Palouse since 1994.
>>               http://www.fsr.net
>>          mailto:Vision2020 at moscow.com
>> =======================================================
>>