What happens to probation violation if_there_was_no_sentence

[softvirgo]

What is the name of your state? CA

It is in sacramento area. My friend got a DUI last year and it was .06 . there was no license suspension and court out come was

Probation Status :- Granted/Non-Searchable
Probation Term :- 3 Years
Probation Type :- Informal
Custody Program :- Straight Time
Custody length :- 8Days

He didnt spend even 1 days in jail.But that is on his record.

Now if he violates his probation he could be sent back to jail but as there was no suspended sentence in his case, how long he can be in jail or is it for 8 days.

Another question :- if a person violates probation can they judge go back and impose full potential maximum sentence which could have imposed at time of decision or it would be what have been suspended in order to give him probation.

Unfortunately he got another DUI last weekend.

Please suggest

[BelizeBreeze]

Originally Posted by softvirgo

What is the name of your state? CA

It is in sacramento area. My friend got a DUI last year and it was .06 . there was no license suspension and court out come was

Probation Status :- Granted/Non-Searchable
Probation Term :- 3 Years
Probation Type :- Informal
Custody Program :- Straight Time
Custody length :- 8Days

He didnt spend even 1 days in jail.But that is on his record.

Now if he violates his probation he could be sent back to jail but as there was no suspended sentence in his case, how long he can be in jail or is it for 8 days.

Another question :- if a person violates probation can they judge go back and impose full potential maximum sentence which could have imposed at time of decision or it would be what have been suspended in order to give him probation.

Unfortunately he got another DUI last weekend.

Please suggest

buy him a pack of condoms, his ass is headed to jail.

[softvirgo]

that he can't go to jail for probation violation without suspended sentence.

Am I right?

[BelizeBreeze]

Originally Posted by softvirgo

that he can't go to jail for probation violation without suspended sentence.

Am I right?

you tell me I'm jealous of him because he can't go to jail and then ask me if you're right?

you are seriously deluded my child.

[Happy Trails]

California DUI Information:

In general, a conviction will result in the following punishment:
First Offense: If the court grants informal, unsupervised probation, there are two options. Both require a base fine ranging from $390 to $1,000, and attendance at a 3-month alcohol/drug education program (a 6-month program is required if there is a BAC of .20 or higher, or if there is a chemical test refusal).

Option A: 48 hours to 6 months in jail, and a 6-month driver’s license suspension; or,
Option B: A 90-day driver’s license restriction allowing for driving for work and the alcohol/drug program only.

Without probation, the court may impose 96 hours to 6 months in jail, a $390 to $1,000 base fine, and a 6-month driver’s license suspension.

Second Offense: With unsupervised probation, there are two options, both carrying a base fine of $390 to $1,000, plus either:

Option A: 10 days to 1 year in jail, and a 2-year driver’s license suspension; or,
Option B: 96 hours to 1 year in jail, an 18-month (or 30-month) alcohol/drug education program, and a driver’s license restriction for the duration of the program allowing driving only for work and the program.

Without probation, the court may impose 90 days to 1 year in jail, a $390 to $1,000 base fine, and a 2-year driver’s license suspension.

Information found at this site:
[url]http://www.got-a-dui.com/dui_information/Default.htm#punishment_for_drunk_driving[/url]

[BelizeBreeze]

Killjoy

[softvirgo]

which you guys are giving is really helpful for what could be the outcome of 2nd DUI.

What I was asking was what would happen to probation violation if there was no suspended sentence . again went back to my original question.

[CdwJava]

Your friend faces up to 8 days in custody - not to mention the loss of his license until he completes the terms of his probation. Until his license is reinstated ANY car he drives is subject to a 30 day impound (and all the associated fees).

- Carl

[softvirgo]

which he got from court, it was 0 days suspended sentence or sentence imposed.

8 day CJ was for fine. if he is not able to pay fine.They have written fine or 8 days CJ.

So there was 0 days suspended sentence.

But according to you if there is 0 days suspended sentence the judge cant go back and re imposed what would have been the potential maximum sentence. I mean to ask is that if they only see what was sentence imposed or suspended.

Am i right?

[CdwJava]

Originally Posted by softvirgo

which he got from court, it was 0 days suspended sentence or sentence imposed.

8 day CJ was for fine. if he is not able to pay fine.They have written fine or 8 days CJ.

So there was 0 days suspended sentence.

But according to you if there is 0 days suspended sentence the judge cant go back and re imposed what would have been the potential maximum sentence. I mean to ask is that if they only see what was sentence imposed or suspended.

Am i right?

I see 8 days on his sentence and 0 days served. Even if he has no days left to be served, he can still lose his license until probation is satisfied.

Then, of course, there is the problem of the NEW DUI since the previous DUI will jack it up.

- Carl

[softvirgo]

and I have seen you gave answers and advice very close to reality.

What do you think he will face for his second DUI. I know it will jack it up but do you think there is anyway he can avoid jail time or if ther is can he do house arrest .

He was not given any community service,no alcohal classes, no license suspension in his previous DUI which was reduced to wet reckless.

I have also mentioned in other thread . he is the sole earner for his family. what he can do to continue his job and also satisfies prosecutors and judges.

Please help

[CdwJava]

Originally Posted by softvirgo

I have also mentioned in other thread . he is the sole earner for his family. what he can do to continue his job and also satisfies prosecutors and judges.

Please help

Unless he gets really lucky, the prosecution and the judges will dismiss or minimize his employment pleas due to his continued disregard for the community and his family (as exhibited by his continued DUI activity). A man who had his family in mind would not be endangering himself and others by getting slammed. And the judges and prosecutors KNOW that these two instances scarcely represent the probably dozens or hundreds of times he has actually driven DUI and avoided detection.

He may have to discover the wonders of carpooling, taxis, or bus trips. Sacramento has a reasonably effective public transit system. he should do just fine. getting up earlier in the day will be incentive not to go out drinking at night.

Now's the time for him to "man up" and take care of his responsibilities. Hopefully he takes this as a second chance to do right instead of an excuse to blame everyone else for his poor luck.

- Carl

[softvirgo]

Carl, he is repenting a lot. his family life has come to the verge of divorce, as in his 2nd dui he was in accident.nobody else involve, he hit a poll. he got admitted to hospital. he was having no insurance. they charge his 40,000 $, he lost his car, he just started a new job and dont afford to loose that.

I mean to say he is repenting a lot and he has suffered from every side so what according to you could be the outcome of 2nd dui or what he can do to avoid harshe penalities before he go to the judge.

Please help

[softvirgo]

doe she physically need to remain in jail. I mean is this possible he can get house arrest or some work release program.

[softvirgo]

please help