How can anyone be legally charged with "Obstruction of a Highway" instead of a DWI if there was no obstruction?
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How can anyone be legally charged with "Obstruction of a Highway" instead of a DWI if there was no obstruction?
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I completely understand the idea of persuading people to plea guilty to a lesser charge in order to simply secure an easy guilty plea. Obviously, this approach behooves both a defensive lawyer and a state prosecutor. What I'm having difficulty with, is understanding how someone could be charged with something completely unrelated to what they are being accused of. If you were not obstructing a highway or other passageway at the time you were pulled over for a DWI, how can you possibly be charged with obstruction? Shouldn't the lesser offense somehow pertain to driving or at least intoxication at some point? This is ridiculous to me
Additional Details
I completely understand the idea of persuading people to plea guilty to a lesser charge in order to simply secure an easy guilty plea. Obviously, this approach behooves both a defensive lawyer and a state prosecutor. What I'm having difficulty with, is understanding how someone could be charged with something completely unrelated to what they are being accused of. If you were not obstructing a highway or other passageway at the time you were pulled over for a DWI, how can you possibly be charged with obstruction? Shouldn't the lesser offense somehow pertain to driving or at least intoxication at some point? This is ridiculous to me.
The individual was not cited for driving recklessly, slow, fast, swerving, disobeying road signs, etc. They were strictly cited for a DWI. They passed all 3 of the field sobriety tests and refused to do a breathalyzer. A lawyer that was paid $2500 watched the DWI video and said it was ridiculous and would be thrown out of court. Didn't happen.
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jimbo
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I recall over in the UK some years ago, a judge throwing out a charge of "obstruction". That charge is used as a catch-all when the cops don't have enough evidence to bring a stronger charge. In the case that I refer to, the judge stated, with the usual good sense of logic that the Brits have, that anyone on the road is an obstruction to the person behind them, anyone who is on the road in some way impedes the progress of someone else. If you think about it, it is patently obvious. I think that in the askers question is the answer, I do not think the cops could come up with the evidence to bring about a successful case and so wanted a guilty plea for some other obscure charge to save face. |
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PatricSharp
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By illegally driving a vehicle you immediately become an obstruction.
I like the cut of your gib, Jimbo. |
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Metroguy
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Many drunks (except for the angry agressive types) go to slow after drinking. This is technically impeding or obstruction traffic flow. If someone was cited with this instead of DUI/DWI, they were cut a huge break! |
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