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Member |
I hate asking questions that seem obvious, but I guess I just need to hear someone agree with me! If I have a DWI that is plead as a Class A because of a high blood alcohol concentration, but at trial the defense presents evidence that the BAC was actually less than .15, am I entitled to a charge on the Class B as a lesser included? | ||
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Member |
Absolutely. They are the same offense save for the additional element that the alcohol concentration was greater than .15. Probably no better example of a lesser included offense. | |||
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