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View Diary: Man faces 90 days in jail for honking in support of protest against Congressman (253 comments)

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  •  He is being singled out, he is facing jail (0+ / 0-)

    If you can find me even one other case in Minnesota in which someone faced 90 days in jail for honking you may have a point, but I sure have not found one.  If they are threatening him with a more severe penalty than they have threatened others with then he is being singled out.

    •  You're missing the point. (0+ / 0-)

      What I'm saying is that it is EXTREMELY unlikely that the judge or prosecutor is REMOTELY considering putting your friend in jail for 90 days.

      The only reason the summons mentions 90 days is (it appears to me) that's the theoretical maximum for the class of offenses that includes improper horn-honking. I bet the theoretical maximum has never been applied to any horn-honker, and your diary presents no reason to believe your friend will be the first.

      "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

      by HeyMikey on Mon Sep 14, 2009 at 08:02:21 AM PDT

      [ Parent ]

      •  No, the maximum is 900 days. (0+ / 0-)

        90 days per illegal use of the horn.  You can bet your ass that he will get at least a year, to set an example for others.  Probably around 2 years.  Keep in mind that most people don't get more than a year even for beating someone up with a baseball bat.

        •  10 counts? Says where? Bet beer, not ass. (0+ / 0-)

          First paragraph of the diary:

          Yesterday one of my friends learned that he was facing three months in jail . . . the only charge against him in the police report is that he was "honking the vehicle's horn repeatedly approximately five to ten times."

          This still appears to be one count. No responsible prosecutor would try to get a conviction on conduct the arresting officer described as "approximately" happening.

          You can bet your ass that he will get at least a year, to set an example for others.  Probably around 2 years.

          I will bet you a year's subscription to the beer-of-the-month club:
          http://www.beermonthclub.com/...

          Terms of the bet:

          1. If he is sentenced to more than a year, I buy you a basic BOMC subscription for 1 year.
          1. If he is sentenced to less than a year, you buy the same for me.
          1. If he is sentenced to exactly 365 days, you and I buy each other BOMC 1-year subscriptions.
          1. Initial sentence controls. Thus if the court initially sentences him to 2 years but that is overturned on appeal and reduced to 3 days, you still win.
          1. This is all based on the conduct described in the diary at 1:53 PM EST today, 9/14/09. If it turns out the defendant committed other conduct for which he is sentenced, which is added in a later diary update or never added to the diary at all, then the bet is off.

          Deal?

          "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

          by HeyMikey on Mon Sep 14, 2009 at 10:58:14 AM PDT

          [ Parent ]

      •  No you are missing the point (0+ / 0-)

        The point is not whether he gets the maximum penalty, I never said that he would.  The point is that he is facing a penalty greater than what people face for the same offense in non-political circumstances, that means that his rights have already been violated.  The government can prosecute people differently on the basis of politics and that is exactly what is happening here.  What the final outcome is is not all that is relevant, it is relevant that this penalty was even considered.

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