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Attorney Hynes - N.H. DWI GUY DWI BLOG

Person who plead guilty to Manslaughter DWI sues victim

Posted by Dan
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on Saturday, 21 January 2012 in DWI & DUI

http://gma.yahoo.com/blogs/abc-blogs/florida-man-guilty-dui-manslaughter-sues-victim-130753893--abc-news.html

A Florida man who plead guilty of DWI is now denying he committed the crime and is trying to sue the estate of the other driver who was killed. "The money is to compensate Belniak for medical bills, "pain and suffering," and "loss of capacity for the enjoyment of life," according to the suit."

"The Times reported that Belniak's attorney, Debra A. Tuomey, who is also his sister, said the government's prosecution amounted to a character assassination and Belniak accepted a plea deal only to avoid risking getting a life sentence in trial."

This case brings up an important distinction in the law. In New Hampshire, there are three types of pleas. Gulty, Not Guilty, and Nolo Contendre (No contest). If you plea guilty, that can be used against you in a civil case to prove you in fact committed the underlying offense. If you plea no contest, you will be found guilty, however, the plea can not be used against you in a civil proceeding. If you are charged with a crime and caused injury to another person or property, it is very important you take that into consideration in any plea.

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