Nicole Richie Will Fight DUI Charge

31. By the law: read this: The stakes are high for Richie. She has a prior DUI and if she's convicted this time around she faces a minimum 5 days in the pokey. Worst case scenario for Richie -- one year in the slammer.

There are indeed 2 DUIs.

Posted at 2:35PM on Jun 19th 2007 by Prada

32. Her case is completely different than Paris' case and normally someone wouldnt spend that much time in jail its too over crowded.

Posted at 2:35PM on Jun 19th 2007 by peace

33. Sorry Prada thats not correct you have been mis informed if she had a 2nd DUI she wouldnt have her license right now. She has one DUI and a citation for driving under the influence of vicodin and pot... NOt the same sorry ONE DUI.

Posted at 2:38PM on Jun 19th 2007 by peace

34. NICOLE RICHIE I KNOW YOU WILL NOT PULL OUT ANY TRICKS FROM YOUR HAT LIKE PARIS HILTON DID, RIGHT? I HAVE ALWAY FELT YOU WERE A BETTER PERSON THAN HER ANYWAY. GO IN DO YOUR TIME AND GET SOME HELP.

Posted at 2:58PM on Jun 19th 2007 by FIJINATIVE007

35. [[[[Driving under the influence (DUI) or driving while impaired (DWI) does not just relate to a driver that has consumed alcohol. It is possible to be convicted of DUI or DWI when the driver has consumed a drug, whether a legal or illegal drug, and whether prescribed or not.

In many states, the definition of a drug is very broad, and typically includes any substance that can affect a person's mental or physical capacities to the extent that driving may be affected. In fact, it is possible to be convicted of driving under the influence of drugs where the drug is of the over-the-counter variety, such as cold medicine, or even coffee or caffeine pills, if their consumption results in impairment.

As to what constitutes being "under the influence" or "impaired" for purposes of DUI drugs or DWI drugs, the definition used in California is a typical example: a drug must be capable of affecting the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that any ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions.

The punishment in a DUI drugs case is similar to DUI alcohol in the event of a conviction. However, in many states, the DMV does not have jurisdiction to take a separate action against the person's driving privileges. That is because the DMV's jurisdiction arises out of a violation of the "per se" laws, which make it a crime to drive with an alcohol level that is above the legal limit. Since there are no "per se" levels established for driving under the influence of drugs, those who stand accused of DUI drugs do not have to deal with this separate proceeding.

However, some jurisdictions will impose harsher punishments for driving under the influence of drugs, including a loss of driving privileges as a consequence from the court, even if there is no administrative hearing with the DMV. It is also important to realize that many jurisdictions do not allow for drug diversion programs where the drug offense takes place in a car, due to the extra element of danger to those on the roadway. Because of the differences from state to state, it is critical to consult with a lawyer in your jurisdiction that is familiar with DUI cases.

Driving under the influence (DUI) or driving while impaired (DWI) can be successfully defended, but it takes real know-how.]]]]]

If you say so!!

Posted at 2:41PM on Jun 19th 2007 by stan

36. I hope she gets off there are worse people that belong in jail

Posted at 2:41PM on Jun 19th 2007 by hopeful

37. Love it, one more hoe down 2 to go. La Hoe Lohan and La Cheap Spears. What a great summer this is turning out ot be.

Posted at 2:41PM on Jun 19th 2007 by South Beach Lizzard

38. How is being impaired with Vicoden and pot any different than a DUI..... It has the same result as alcohol and the courts will treat it the same.

Posted at 2:42PM on Jun 19th 2007 by Prada

39. Prada I know its stupid but the law is very clear and its not the same. She may very well get off and only spend a few days in jail. I am not defending her but more than likely she wont spend more than 5 days in jail if any.

Posted at 2:44PM on Jun 19th 2007 by hopeful

40. wasn't she arrested a few years back for heroin possession? doesn't this ugly slut ever learn? hope she gets the maxium time in jail. so sick of these untalented whores.

Posted at 2:44PM on Jun 19th 2007 by stacy W

41. Considering Paris is spending 23 days in jail over a suspended license I will be very mad if Nicole gets no jail time or anything less than 23 days b/c what Nicole did was a lot worse and more of a danger to people than what Paris did. It'd be so screwed up if Paris ends up doing more time than Nicole. Besides if they give her a harsh punishment it's way more likely to actually teach her a lesson than if they just let her off the hook.

Posted at 2:46PM on Jun 19th 2007 by Brittany

42. SHE DEFINITELY NEEDS TO GO TO JAIL. HER CRIMES ARE WORSE THAN PARIS' CRIMES SO A YEAR FOR HER.

Posted at 2:47PM on Jun 19th 2007 by aliens

43. she already has some jail credits too when she was cited the second time... I say 5 days at most.

Posted at 6:18PM on Jun 19th 2007 by badda bing

44. Here's another narcistic, spoiled brat who needs to be told by the state of California what is and isn't appropriate behavior by giving her jail time. Like Paris, et.al., she has no redeeming characteristics. Let her detox in jail like Paris. Give her some real "Simple Life".

Posted at 2:48PM on Jun 19th 2007 by Steve Ivins, Esq.

45. IF ANYONE deserves to be in the slammer, it's Nicole Ritchie!!!!!!!!!! WAY MORE than Paris does.

I HATE the idea that she would get pregnant to stay out of jail - what a GREAT reason to have a kid!!! I'd love growing up knowing I was a "get out of jail free card".

STOOOOPID BITCH!

Posted at 10:17PM on Jun 19th 2007 by Jbo