10 yr old DUI in Ca...HELP!

[MAZTECINC]

What is the name of your state? cALIFORNIA

I am in desperate need of some type of advice.

My husband was not the most upstanding citizen before we met in 1996... He had just gotten out of jail for a DUI offense (his 5th in 4 years). He cleaned up his act when we got married and we live a straight lifestyle. He doesn't drink or drive anymore and we have spent years and thousands of dollars to get him legal so he could gt his license back. We thought we had finally made it when he went to take his liscence test and they told him there was a hold on his license for a DUI from 01-28-95. He had to take care of that first, so he made a court date and they wanted to take him to jail!!! 10 1/2 yrs of a spotless record! They released him on an O.R. and scheduled a new court date for July 13 2005. The judge told him he has a choice of $3000 and 45 days in jail, or 52 weekends of workproject (2 yrs) or he can contest it. What do we do, he knows he violated the law, but we are about to have a baby any day now, and I will not be able to make the mortgage and everything on my own if he goes to jail. And he will risk losing his job. We had the DMV give us a printout and we talked to both courts about 4 years ago and had a list of everything, this wasn't ther.. How did it pop back up after 10 years??? Someone help please. I just don't know what to do. He needs to get licesnsed before the baby comes.

[TYRIS]

Originally Posted by MAZTECINC

What is the name of your state? cALIFORNIA

I am in desperate need of some type of advice.

My husband was not the most upstanding citizen before we met in 1996... He had just gotten out of jail for a DUI offense (his 5th in 4 years). He cleaned up his act when we got married and we live a straight lifestyle. He doesn't drink or drive anymore and we have spent years and thousands of dollars to get him legal so he could gt his license back. We thought we had finally made it when he went to take his liscence test and they told him there was a hold on his license for a DUI from 01-28-95. He had to take care of that first, so he made a court date and they wanted to take him to jail!!! 10 1/2 yrs of a spotless record! They released him on an O.R. and scheduled a new court date for July 13 2005. The judge told him he has a choice of $3000 and 45 days in jail, or 52 weekends of workproject (2 yrs) or he can contest it. What do we do, he knows he violated the law, but we are about to have a baby any day now, and I will not be able to make the mortgage and everything on my own if he goes to jail. And he will risk losing his job. We had the DMV give us a printout and we talked to both courts about 4 years ago and had a list of everything, this wasn't ther.. How did it pop back up after 10 years??? Someone help please. I just don't know what to do. He needs to get licesnsed before the baby comes.

- Personally I would opt for the work project on weekends. That way way he stays out of jail and is still able to work to pay for the fines.

He can contest it, but I would consult with an attorney before I made any decisions.

A DMV printout is not the same as a criminal history. A DMV printout out will only show convictions and suspensions it won't show pending court cases.

He needs to get an attorney and go to court. Once the penalties are taken care of he can contact DMV and try to get his license back.



Tyris

[dfw_girl]

Originally Posted by MAZTECINC

What is the name of your state? cALIFORNIA

I am in desperate need of some type of advice.

My husband was not the most upstanding citizen before we met in 1996... He had just gotten out of jail for a DUI offense (his 5th in 4 years). He cleaned up his act when we got married and we live a straight lifestyle. He doesn't drink or drive anymore and we have spent years and thousands of dollars to get him legal so he could gt his license back. We thought we had finally made it when he went to take his liscence test and they told him there was a hold on his license for a DUI from 01-28-95. He had to take care of that first, so he made a court date and they wanted to take him to jail!!! 10 1/2 yrs of a spotless record! They released him on an O.R. and scheduled a new court date for July 13 2005. The judge told him he has a choice of $3000 and 45 days in jail, or 52 weekends of workproject (2 yrs) or he can contest it. What do we do, he knows he violated the law, but we are about to have a baby any day now, and I will not be able to make the mortgage and everything on my own if he goes to jail. And he will risk losing his job. We had the DMV give us a printout and we talked to both courts about 4 years ago and had a list of everything, this wasn't ther.. How did it pop back up after 10 years??? Someone help please. I just don't know what to do. He needs to get licesnsed before the baby comes.

Why didn't you guys contest it? It had been more than ten years ago. Chances of the original charge and the original arresting officer being available are pretty much gone. This doen't seem right.

This sort of thing can't just pop back up after ten years.

[dfw_girl]

P.S. You're right, this kind of thing just can't pop up after 10 years... Hire a lawyer and nail their asses to the ground.

I think I mentioned before that I'm battling a DWI case in the state of the amardillos, and they have one year from March 1 to bring it to court - After that, with a clean driving record, I'm a free chick!

After 10 years, you really need to research your current laws ASAP!

[I AM ALWAYS LIABLE]

My response:

This somehow surprises you?

You married a loser, lady!! And that makes you a loser. You see, what you and these other Dufus people on this thread are failing to understand is that your husband FAILED TO APPEAR in 1995. Then a Warrant was issued for his arrest. Guess what? That Warrant NEVER expires, and that's why he was arrested, and is now going to trial. Something he should have done years ago.

There's more to his background than you're telling us, isn't there? Of course there is. You got what you deserve - - a life of paying thousands and thousands of dollars to attorneys, courts, and fines. This will never end, either. This was money that could have made your life better, and the life of your child better. But no. You wanted a loser.

You got what you paid for, and got what you deserved. And this is what your child has in store for it, too - - a loser father.

Gee, and you thought you were so bitchen when you married your "bad boy". It hasn't been so much fun, has it?

IAAL

[dfw_girl]

Originally Posted by I AM ALWAYS LIABLE

My response:

This somehow surprises you?

You married a loser, lady!! And that makes you a loser. You see, what you and these other Dufus people on this thread are failing to understand is that your husband FAILED TO APPEAR in 1995. Then a Warrant was issued for his arrest. Guess what? That Warrant NEVER expires, and that's why he was arrested, and is now going to trial. Something he should have done years ago.

There's more to his background than you're telling us, isn't there? Of course there is. You got what you deserve - - a life of paying thousands and thousands of dollars to attorneys, courts, and fines. This will never end, either. This was money that could have made your life better, and the life of your child better. But no. You wanted a loser.

You got what you paid for, and got what you deserved. And this is what your child has in store for it, too - - a loser father.

Gee, and you thought you were so bitchen when you married your "bad boy". It hasn't been so much fun, has it?

IAAL

Ten years ago can be a lifetime to some, and their lives can take a turn for the better.

Is your life still what it was TEN (10) YEARS ago?

Where is your anger coming from exactly?

My suggestion would be Jack Nicholson's Anger Management.... If you could put up with the cat in the fru fru clothing.... And Adam Sandler putting up with it...

[CdwJava]

Currently the law does not automatically forgive transgressions that are 10 years old. If he wants to fight it, hire a lawyer. In the meantime, don't fault the system for doing what it does.

- Carl

[I AM ALWAYS LIABLE]

Apparently, you didn't understand it the first time . . .


My response:

This somehow surprises you?

You married a loser, lady!! And that makes you a loser. You see, what you and these other Dufus people on this thread are failing to understand is that your husband FAILED TO APPEAR in 1995. Then a Warrant was issued for his arrest. Guess what? That Warrant NEVER expires, and that's why he was arrested, and is now going to trial. Something he should have done years ago.

There's more to his background than you're telling us, isn't there? Of course there is. You got what you deserve - - a life of paying thousands and thousands of dollars to attorneys, courts, and fines. This will never end, either. This was money that could have made your life better, and the life of your child better. But no. You wanted a loser.

You got what you paid for, and got what you deserved. And this is what your child has in store for it, too - - a loser father.

Gee, and you thought you were so bitchen when you married your "bad boy". It hasn't been so much fun, has it?

IAAL

[dfw_girl]

Originally Posted by CdwJava

Currently the law does not automatically forgive transgressions that are 10 years old. If he wants to fight it, hire a lawyer. In the meantime, don't fault the system for doing what it does.

- Carl

I don't believe that at all. Not for one second can a person be tried for a DUI case that is 10 yrs old.

[CdwJava]

Originally Posted by dfw_girl

I don't believe that at all. Not for one second can a person be tried for a DUI case that is 10 yrs old. Think about it for one ****ing second - laws were incredibly different back then**********************************************************************.

As a matter of fact, they CAN try a person for a 10 year old DUI. That's what the warrant apparently issued from. So, you can believe it or not. And I have been personally involved in cases almost that old.

WILL they try it? Who knows?

CAN they try it? You bet!

The statute of limitations failed to be an issue when the warrant was issued.

And precisely WHAT DUI law was different 10 years ago? Sorry, but it hasn't changed a whole heck of a lot since then - CVC 23152(a) and CVC 23152(b) were the same ... what changed?

We're not talking about something from the 40's, we're talking about an offense from 1995 for Pete's sake! Think about it yourself.

- Carl

[I AM ALWAYS LIABLE]

Originally Posted by dfw_girl

I don't believe that at all. Not for one second can a person be tried for a DUI case that is 10 yrs old. Think about it for one ****ing second - laws were incredibly different back then**********************************************************************.

My response:

Oh, my ignorant little girl. Are you misinformed, or what?

Your husband FAILED TO APPEAR in 1995. He still owes the State a "showing in court" on the original charges. He will be tried on those charges. He will also be charged and tried on the FTA. Failing to Appear does NOT give him a "Get out of jail, free" card. If that were the case, then a lot of criminals would be skipping town.

Don't you get it?

IAAL

[CdwJava]

Originally Posted by dfw_girl

I think I mentioned before that I'm battling a DWI case in the state of the amardillos, and they have one year from March 1 to bring it to court - After that, with a clean driving record, I'm a free chick!

But if a warrant issues BEFORE March 1st, then the time effectively stops and they can wait til they pick you up.

The law is not a game of hide-and-seek. And warrants don't expire.

I think you are misunderstanding the concept of the statue of limitations (to take court action).

- Carl

[Tony31]

Originally Posted by MAZTECINC

What is the name of your state? cALIFORNIA

I am in desperate need of some type of advice.

My husband was not the most upstanding citizen before we met in 1996... He had just gotten out of jail for a DUI offense (his 5th in 4 years). He cleaned up his act when we got married and we live a straight lifestyle. He doesn't drink or drive anymore and we have spent years and thousands of dollars to get him legal so he could gt his license back. We thought we had finally made it when he went to take his liscence test and they told him there was a hold on his license for a DUI from 01-28-95. He had to take care of that first, so he made a court date and they wanted to take him to jail!!! 10 1/2 yrs of a spotless record! They released him on an O.R. and scheduled a new court date for July 13 2005. The judge told him he has a choice of $3000 and 45 days in jail, or 52 weekends of workproject (2 yrs) or he can contest it. What do we do, he knows he violated the law, but we are about to have a baby any day now, and I will not be able to make the mortgage and everything on my own if he goes to jail. And he will risk losing his job. We had the DMV give us a printout and we talked to both courts about 4 years ago and had a list of everything, this wasn't ther.. How did it pop back up after 10 years??? Someone help please. I just don't know what to do. He needs to get licesnsed before the baby comes.

I'll wager that in court during the 3rd offense the judge advised your husband that under california law, as of 1-1-89 it is now an offense to druve DUI and have 3 or more priors within 7 years. Number 4 becomes a felony, that's why you're probably seeing a CVC 40508(a) on some peice of paer regarding this recent matter. Now IF in fact he has been out of trouble for over 10 years, he may request to enter a plea of guilty or no contest to a complaint that does not have all priors alleged in order to thwart the imposition of enhanced penalties, but the judge can refuse to accept the plea. With a 10 yr clean history, its possible the court will accept it to clear the matter. The penalty range for this "wobbler" is 16 months to 2 or 3 years. There is also a 4-year license revocation. When probation is granted there is a minimum of 180 days and a max of 1 year. This is why your boy failed to appear.
This offense can be filed by the DA as a misdemeanor under Penal Code 17b(4) or reduced at or before the preliminary hearing. Henry v. DMV (1972) 25 C.A.3d 649
(DUI with bodily injury reduced by court) The crime remains DUI however when the priors are alleged, the degree is changed to a felony Cal Jury Instructions (CALJIC) 12.65 and 12.66. Your best option is to use the 10 year good behavior arguement to keep the priors out and avoid the felony enhancement.

[Tony31]

As a side issue, if this matter is in Orange County in southern calif, expect the worst.

[dfw_girl]

Originally Posted by I AM ALWAYS LIABLE

My response:

Oh, my ignorant little girl. Are you misinformed, or what?

Your husband FAILED TO APPEAR in 1995. He still owes the State a "showing in court" on the original charges. He will be tried on those charges. He will also be charged and tried on the FTA. Failing to Appear does NOT give him a "Get out of jail, free" card. If that were the case, then a lot of criminals would be skipping town.

Don't you get it?

IAAL

Psst... It's not MY husband, I was replying to a post.

I went back and read her original post - What caught my eye when I orignally posted was that they had the DMV run a report nearly four years ago and what she is questioning was not on there - after the 10 years have passed. Now it's on there. That (I think) is her concern and how it can pop up after he had a clean record four years ago and now it's on there and in essence is going to affect them now with the baby on the way.

While I'm shaking my head at 5 DUI's in 4 years - Nevermind, I'm at a loss for words on that one. He should have had his license completely revoked for stupidity.

I think this day and age if you have more than one in 2, 3, or even four years, you spend some time behind bars, and the real world doesn't really care if you have a baby on the way - better yet, they may be protecting that baby by putting her DUI dad behind bars for a while to teach him a lesson.

I wouldn't in a million years use that defense!!!!!!!!!!