Wimmer Convicted; Gets Probation

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NASCAR driver Scott Wimmer [#22 Caterpillar Dodge] was convicted Tuesday of drunk driving after a single-vehicle accident in January. Wimmer, 28, was sentenced to one year of probation and 24 hours of community service after he was also found guilty of fleeing the scene of an accident. He was given a 60-day suspended prison term, served only if he violates probation, and will lose his driver's license for one year. He has already undergone an alcohol assessment, satisfying the last term of the sentence. Chuck Alexander, Wimmer's Winston-Salem-based attorney, said he will appeal the decision of a District Court judge, meaning Wimmer can keep his license until the appeal is resolved. Wimmer was arrested Jan. 31 for driving while impaired after wrecking a 2004 Dodge Ram pickup truck owned by Bill Davis Racing. Wimmer drives for the High Point-based racing team in NASCAR'S top-level Nextel Cup series. His wife, Judy Ambrose, was found innocent of charges that she impeded the investigation by lying to police.

http://sportsillustrated.cnn.com/2004/raci...r.wimmercha.ap/
 
He basically gets off and his attorney still wants to appeal? He might get hammered in the appeals court.



Must be nice to be a celebrity.
 
O.K., wait a minute, does anybody know if Nascash requires a valid drivers license to obtain a competitors license???? I know in New Jersey the state police issue and overlook all racing in the state and it thus requires a valid drivers license to compete...anybody know?
 
No, Nascar does not require a drivers license, they require a Nascar license.
 
A statement issued from BDR said that Scott Wimmer will not appeal the decision.



I read this on my road runner news page ....I don't no how to post the link, sorry. :(
 
Originally posted by nascarwoman@Jun 2 2004, 06:03 PM



I read this on my road runner news page ....I don't no how to post the link, sorry. :(
Click to expand...
Cut and paste.
 
Wimmer gets NASCAR probation also: Nextel Cup rookie #22-Scott Wimmer has been placed on probation by NASCAR for the remainder of the season after being convicted of driving under the influence. Wimmer pleaded guilty and received a year's probation and a requirement to do 24 hours of community service. He was allowed to keep his driver's license. NASCAR also plans to require Wimmer to do some sort of community service. "We're looking at some different things so Scott can get the message out so that it will help others not put themselves in the position he put himself in," said NASCAR spokesman Jim Hunter, adding that NASCAR and Wimmer have worked together since Wimmer's arrest on Jan. 31. "We feel he has accepted responsibility for his actions and is truly remorseful."(Atlanta Journal-Constitution
 
fergy,

An appeals court can uphold the finding of a lower court or toss out that finding and then it would be up to the state prosecutor's office to make the decision whether or not to re-try the case.

The appeals court cannot impose a more severe penalty than the lower court has issued.

Wimmer did get off fairly easy, but then again, the state might not have been able to prove that he was operating the vehicle at the time of the crash; if he was not observed at the scene they might not have been able to prove his state of intoxication at the time of the crash. Was the state's case based on personal items of Scott's found at the scene? Perhaps on the local officers recognizing the vehicle as one which was usually driven by Scott? Did Scott admit to being the operator in an intoxicated state when the officers found him at his home? Lots of "ifs' to this one and I'm certain the prosecutor realized that any conviction at all was pretty much a big "IF" also.

Based on what I've read about this incident, it sounds to me as though a good defense lawyer could have blown the whole thing out of the courtroom.

You state that Wimmer was allowed to retain his driver's license. That is a normal procedure in cases of this nature when an appeal is filed. Until that appeal is heard and a finding made, the defendent is still considered not guilty and penalties are usually not imposed pending the higher courts findings.

I do wonder "if" BDR still gives Scott a vehicle for his personal use?
 
Originally posted by boB@Jun 4 2004, 03:54 PM
fergy,

An appeals court can uphold the finding of a lower court or toss out that finding and then it would be up to the state prosecutor's office to make the decision whether or not to re-try the case.

The appeals court cannot impose a more severe penalty than the lower court has issued.
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boB,

In Virginia, (and before some of you start screaming that Wimmer wasn't tried in VA, I know that .) if you appeal something from the general district courts and it goes to the circuit court, the judge can, and usually will, increase the penalty. That being said, I mean that if the defendant gets a light sentance, such as community service, ect, ect, and he wants to appeal the decision to "clear his record" ,he better make sure he has enough evidence to do that. Some judges look at it as the defendant is trying to get a sweeter deal than they have already gotten. And they can, and will, hammer the guy....

NC may be different. I have no idea.
 
Wimmer received no special treatment other than prescribed by North Carolina state law. His penalty for DUI was correct with loss of driving priveledges and unsupervised probation as was the community service penalty for leaving the scene.

This case infuriated many because the sentence appears to be too light. It is, however, within the parameters of North Carolina State Law.

If there is any special consideration, it might be the dismissal of charges for the alleged interference by Wimmer's wife.

Bill Davis and Scott Wimmer are smart not to appeal this penalty. Wimmer, after sorting out the seriousness of the violations, stood up and grew up within twenty-fours hours. He knows his career was hanging in the balance with little more than a whisper to knock him completely out of a future in NEXTEL Cup racing.

Scott Wimmer is trying to put this behind him. Both Wimmer and Bill Davis Racing have handled the situation with grace and professionalism, and both are going on from here.
 
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