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Question

My husband was indicted in a NYS County Court of DWI and Aggravated Driving without a License. As the trial progressed it appeared that the Prosecution could not prove the DWI charge. After summations the Judge charged the jury that if they felt a DUI was more sufficient then the DWI they could consider that charge as well. Without the DUI or DWI the Driving Without a License would have been a Misemeanor vs. a Felony with it. Can the Judge charge the jury with charges that were not part of the original indictment?

Submitted: 18 days and 7 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: New York

Already Tried:
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Accepted Answer

The judge can indeed instruct the jury on the "lesser or included offenses" of a crime. As under the influence is a lesser charge than while intoxicated this is something that can be offered to the jury as an alternative charge, just like in a first degree murder trial where the court will charge the jury with second degree murder and manslaughter if appropriate based upon the facts of the case.


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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 11/4/2009

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