Kenner man takes plea in 3rd 4th 5th 6th DWI case but only counted as 2nd DWI

This is a follow up blog to include sentencing plea and sentence information about a case I blogged about at year end.

1/22/2015 Brian Brignac changed his plea and accepted guilty plea of 4 counts of 2nd offense DWI and all other charges dropped.

He reserved 6 months of parish time at JPCC for each of the 4 counts to run consecutively. I assume there is also not credit for time already served as usually that is mentioned.

Now that he does have no less than 5 DWI convictions I would assume the next case if there ever is one will be charged as a 6th DFW arrest and conviction.

Brian Brignac – In custody

At the age of 19 a Kenner man received his first DWI in 1991 (at least in JP) an issue he would finally resolve in 1994.

In 2001 he faced another DWI plead guilty to it but did not complete the requirements. An issue that would not catch up to him until now some 14 years later!

His next DWI (at least in JP) would be in 2005 again an issue he would not deal with until now. This time he failed to appear for arraignment in 2005 and has fully resolved things to date. Although in JP alone he had now pleaded guilty twice to DWI he was again charged with DFW 2nd.

In 2007 he would receive a DWI along with a 3rd refusal charge. Again he was charge with DWI 2nd, keep in mind the 2005 DWI had not been dealt with yet.

In 2013 he would receive yet another DWI again charged with DWI 2nd.

In 2014 he would receive yet another DWI again charged with DWI 2nd.

That is a total of 6 DWI arrests in Jefferson Parish alone, which may be the only parish or county he has had them in, I do not know. He appears to have 2 convictions already but maybe there is some reason why he cannot yet be charged with a 3rd. In fact there must be because the arresting officer arrested him on a DWI 5th offense.

On 8/30/2014 while working with DWI taskforce deputies were dispatched to a vehicle crash in the 3000 block of Houma Blvd in Metairie, LA. Driver was fleeing the scene. He has caught up to and arrested. He remains in jail as of this writing.

He faced at least 4 separate cases in the 24th district court division P. The cases were all just transferred there recently from a different court. These cases are set for pre-trial conference on 1/22/2015 where I suspect a plea will take place. If not on 1/26/2005 they may go to trial.

He faces:

In case 1:

DWI 2nd BAC .20% or more

3rd refusal

Case 2

DWI 2nd

3rd refusal

Driving with suspended license

Case 3

DWI 2nd

Expired MVI sticker

Driving with suspended license

Liability insurance required

From LA law http://www.legis.state.la.us/lss/lss.asp?doc=78751

On a conviction of a third offense, notwithstanding any other provision of law to the contrary and regardless of whether the offense occurred before or after an earlier conviction, the offender shall be imprisoned with or without hard labor for not less than one year nor more than five years and shall be fined two thousand dollars.

On a conviction of a fourth or subsequent offense, notwithstanding any other provision of law to the contrary and regardless of whether the fourth offense occurred before or after an earlier conviction, the offender shall be imprisoned with or without hard labor for not less than ten years nor more than thirty years and shall be fined five thousand dollars. Except as provided in Paragraph (5) of this Subsection, two years of the sentence of imprisonment shall be imposed without benefit of parole, probation, or suspension of sentence. The court, in its discretion, may suspend all or any part of the remainder of the sentence of imprisonment.”

One thought on “Kenner man takes plea in 3rd 4th 5th 6th DWI case but only counted as 2nd DWI”

  1. Pingback: Jefferson Parish outstanding warrants go for years -DWI offender brought to justice after 14 years- – @Glirette

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