My daughter was arrested last night for OWI. Apparently, she was involved in a property damage accident, and when the police arrived, they naturally discovered she had been drinking, which, obviously, she was. I can understand them arresting her for operating while under the influence, and I would think they would have charged her for causing the property damage, but they didn’t do that- instead, they charged her as follows: Count 1- OWI- with prior, Count 2- OWI- testing point 1.5 or above (??) and Count 3- Just plain OWI.
This just doesn’t make sense to me. Can someone please explain how this is legal in the state of Indiana? Or anywhere else? How can you legally be charged with more than one count of operating while under the influence for only one incident?
In response to answer #1, she’s not a murderer, rapist, or thief. She’s not a “danger to society”. And this question had nothing to do with what she is or isn’t, I am asking for information on the legalities of the charges.
Again, I repeat, (in response to davidmi711). I am not asking whether what she did was right or wrong, I am asking about the legalities of triply charging her for ONE incident. I certainly have my own opinions about what she did, and the right or wrong of it. But, that has nothing to do with my question. I am asking about legal matters, not moral issues, or what she could have done or might have done. I am well aware of what might have happened. The question is a legal question only, and her moral character or whether or not she has a problem, or what she might have or might not have done is not part of this question.
To all who have answered: I am not condoning what my daughter did. I am not a tightwad, cheapskate, or anything like it. I am upset, and angry, and frightened by what she has done. I have no intentions of bailing her out. I simply wanted to know WHY the police are legally able to charge a person more than one time for the same offense. It’s the first time I’ve ever heard of it. I guess murderer’s, thieves, rapists, and burglars are also charged in this manner? Correct me if I’m wrong.
I asked a simple legal question, trying to get an honest opinion, legal-wise, because I didn’t understand. I’m not hiring her an attorney, but it’s not because I’m cheap, or a tightwad. I am not hiring her an attorney, or bailing her out, because it’s the right thing to do- let her sit in jail for a while and take her punishment for her recklessness. I call it “tough love”. But “tough love” doesn’t answer my simple question. I thought maybe you on Yahoo could.
