Differant Sentance for Same Crime?
If 2 people are pulled over, both 18, and are drunk. They were not givin breathalizers, nor givin a DUI just a under age drinking ticket. The cop writes down the wrong date on the ticket. They go to court plead not guilty and have another set court date. one kid has a--name removed--helping out and the other doesnt. the one kid with the--name removed--gets off but the other kid (the driver) is told that he will have probation cause he was lucky not to get a DUI. Is it legal that 2 kids charged with the same thing tickets are identical but one gets off and the other gets probation? tell me how the kid that got charged could have a good arguement for this situation.
1 Answer from Attorneys
Re: Differant Sentance for Same Crime?
The main difference between you and your friend is that you were the driver and therefore had a higher duty not to drink and drive. ID takes drinking and driving very seriously and takes action accordingly.
Writing the wrong date on the ticket possibly gives you a motion to dismiss, but the prosecutor can merely move to amend the ticket, which is the Complaint against you. The only time he can't amend the ticket/Complaint is after a jury has been chosen and has heard the state's case. After the state rests its case, it cannot then amend the complaint/ticket.
It is legal for people in different circumstances to get different sentences based upon the differences between them. You might have more driving or misdemeanor offenses than your friend, you might have been more sarcastic or difficult with the cop. It could be any number of small differences in the difference in the way you were treated.
Finally, cops have broad authority to decide when, how, and if they arrest someone and they always make a recommendation to the prosecutor who actually files the case, which he usually follows.
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