LAT: Some Attorneys Voice Surprise as Gibson Is Charged Only With DUI

[DeepModem Mom]

Some Attorneys Voice Surprise as Gibson Is Charged Only With DUI
By Andrew Blankstein and Megan Garvey, Times Staff Writers
August 3, 2006

....The star was clocked going more than 85 mph — nearly twice the posted speed limit — on Pacific Coast Highway about 2:30 a.m. last Friday. A breathalyzer test showed his blood-alcohol level to be 0.12% (the legal limit is 0.08%). In addition to drunk driving, prosecutors charged Gibson with an infraction of having an open bottle of tequila in his car.

Some veteran DUI attorneys said they were surprised that an "excessive speed enhancement" was not filed against Gibson — a charge that would mandate jail time.

"If you're going 25 mph over the speed limit, that would greatly increase your chances of jail time," said attorney Jonathan I. Kelman. "The fact that they didn't file the speed enhancement — that makes me wonder," Kelman said. "Ninety percent of my clients out of Malibu would face that enhancement if (law enforcement officials) thought they could prove the speeding."

Under state law, a driver under the influence whose speed exceeds the posted limit by 20 mph or more on streets or 30 mph on highways faces a minimum of 60 days in jail....

***

Laurie Levenson, a law professor at Loyola Law School, said Gibson's bellicose behavior toward the deputy made it a borderline case for resisting arrest and making criminal threats, both felonies....

http://www.latimes.com/news/printedition/la-me-gibson3aug03,0,1427093.story?track=mostviewed-homepage

[rubberducky]

1. Oh, for god`s sake

have those "attorneys" nothing better to do than wonder about Mel??

[The Backlash Cometh]

3. You obviously haven't been fined for excessive speeding.

I got caught driving a little more than 10MPH over the speed limit in a construction area and the fine was over 100 dollars. I was driving the speed limit that was normally posted, but the area was cleared for road work. Never mind that the area had been completely cleared and there was NO ONE actually working, or walking the streets.

Anyway. you go 40MPHs over the speed limit, and you're normally looking at a fine more than $100.00. But I guess Mel is a 1%er, so he's entitled to the 1%er Compassionate Oversight Judgement.

[hpot]

4. DUI + 85 MPH

DUI and speeding at 85 mph, should we give him preferential treatment? I like Mel and his movies but I don't believe he should be treated any differently cause of his celebrity status.

Fortunately, he didn't kill anyone on the road.

[kurth]

2. It's a "DUI, reckless driving, and resisting arrest" combo in many states

for the average Joe Blow without political connections.