Another question...

[cadillaclimo]

What is the name of your state (only U.S. law)? Pennsylvania

I went in to the police dept to try to get a copy of my friend's police report (no luck).
BUT......the police told me something interesting......IF it's true!!

The incedant happened in 2004. Back then the laws were less strict, and they only went back 7 years (not 10 years as it is now). He had a prior DUI in 1994 (a month shy of the ten years), and one even further back. But the police told me that this would only count as a first offense for him, since they would use the laws back in 2004.

Can anyone tell me if this is correct? If he turns himself in now, would they go by the laws in 2004 or 2008 to decide what offense this would be counted as?

Thanks!

[mmm9867]

Your question made me wonder about when exactly they changed it from 7 to 10 years...After researching, I found that it was february of 2004 when they lengthened the time to 10 years. That would make you think that anyone pulled over and charged with dui after Feb. 2004, would be subject to the 10 year look back. Don't really know for sure, but it's something to think about.
Also, as I mentioned in other posts, my husband has had 2 dui's in pennsylvania, six months apart. The first one, in Lackawanna cty, they did not count the one he received in GA, and he was only charged with one dui...the second in Susquehanna cty, they did count the one in GA, and he was charged with 3 dui's. Seems strange, because the one in Lack. Cty, was earlier, which made it 6 months before the 10 year mark, and they did not count it. Yet in Susq. Cty, with only 2 weeks left until the 10 year mark, they did count it. Guess it depends on alot of things, and there's probably no way of knowing for sure what laws they will use.
Hopefully, you can find out something from someone who knows a lot more then I do, as I only have my husbands experience to go by.

[irish77]

The DUI statute was re-written in 2004, and the 6th Edition guidelines include substantial changes as a result. First, the offense gravity score assignment is based on the grade of the offense: an ungraded misdemeanor is an OGS 1; an M2 DUI is an OGS 3; and an M1 DUI is an OGS 5. Second, the prior record point assignment is based on the number of lifetime DUI convictions: a first lifetime conviction for DUI is considered an ‘Other misdemeanor’, while any subsequent lifetime conviction is assigned one point. An admission into ARD is not considered a conviction under the guidelines and is not included in the prior record score.

The policy which excludes from the prior record score any previous conviction that contributes to an increase in grading of a subsequent offense no longer applies to DUI, since the increase in grading under the new statute takes is account both prior convictions and the current elements of the conviction, and now includes a 10-year look-back period for consideration of prior DUI convictions.

Driving under influence of alcohol or controlled substance. The mandatory minimum is based on elements of the conviction, with increases in the mandatory minimum based on any previous conviction for DUI or comparable offense within past ten years. Mandatory may be satisfied for a first-, second- or third-time offender with certain county intermediate punishment programs.

[RatPackLar]

The if, he turns himself question in, implies, to me, that there is a warrant out for him, hanging over his head. A four year old warrant.

The open warrant, means that your freind is a fugutive from justice. Could he cut a deal, sure, will the work with him, maybe. But the system does not work as well with fugitives as they do with anybody else, who does not run.

That warrant will never go away.

The best advice for him, is to just turn himself in, and deal with whatever may come what may.

Will it be easy, no, but if you never take the first step, the journey to the end, will never get started.

If you never start the journey, you will never get to the destination.

[cadillaclimo]

Thank you all so much for all the wonderful information.

I got very firm with him last night about him needing to deal with this. I've done all I can to help him, and gathered information, etc. Now I guess the only thing I can do is hope that HE realizes that he needs to turn himself in. True, the bench warrant will not just "go away"......and it will be much worse if he is caught. Hopefully if he turns himself in, they will take that into consideration.

What a big mess this has turned into!!

[RatPackLar]

Remember that, if nothing else. You can help, but you cannot carry.

You tried you best, but your friend needs to just face this and deal with it. He will be better off just turning himself in, then if they have to catch him on the outsanding warrant, and drag him back to jail.

It is never as bad as you or he thinks it will be. Fear of the unknown does that.

You know, if he had just done his time years ago, he probably would not have done any jail time, and or minimial at best, did his bit, paid the fines, and been done with it.

He, on his own, has really just extended and enhanced his own punishement over all the years, the warrant has been hanging over his head.

You Help, Do Not Carry.

I have found that if I work hard, and help somebody, they should be willing to work just as hard to help themselves.

Some do, most do not.