Class 2 felony for DUI Help?

[WREED]

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

I'll try to keep this as brief as possible.

My wife was arrested for DUI and had her first court hearing today, which resulted in a continuance. Her attorney has already informed us that there is now a minimum 90 day consecutive sentence since this is considered a felony since the Jan 2009 law changes. About 8 years ago she was charged with DUI but not convicted, then about 6 years ago another DUI with license revocation. So since this is #3 and she has no license, there's the felony charge.

What if anything can be done to get these charges possibly reduced? We have 3 daughters, one in college, one a senior in HS and also a 10 year old. Jail time for her would be a horrible blow to our kids. We went in knowing about the 90 day mandatory, hoping to get that reduced, then her lawyer tells her that the state's attorney offered a deal for 4 1/2 years in prison!
She has an alcohol problem, yes. But other than that she's a model citizen. She doesn't drive around without a license (normally), doesn't have a criminal record besides the DUI's. I'll elaborate on this a little, we've been having marital problems, even talking divorce. The night this happened we had a big long discussion / argument ending is the probability of divorce. She left the house, completely sober, to go to a friends house for comfort, to talk, etc. They were not home so she sat outside and waited for them, while drinking. They never returned, she got drunk and finally left. The officer apparently was following her on a back country road, going into a small town, where she drove off the side of the street, in town, presumably to park and ran into a bush. Her attorney said her BAC was very high and that the video "didn't look pretty". She also did submit to breathalyzer tests.

Any help or advice? Can anything be done to convince the SA to reduce these charges, sentence house arrest, alcohol treatment, therapy, something besides jail/prison time?

I'm just beside myself, I can't understand why the state's attorney would even want to put a wife and mother in state prison for 4 1/2 years for this.

Thanks in advance for any help anyone can offer.

[HomeGuru]

[quote=WREED;2378510]What is the name of your state (only U.S. law)? Illinois

I'll try to keep this as brief as possible.

My wife was arrested for DUI and had her first court hearing today, which resulted in a continuance. Her attorney has already informed us that there is now a minimum 90 day consecutive sentence since this is considered a felony since the Jan 2009 law changes. About 8 years ago she was charged with DUI but not convicted, then about 6 years ago another DUI with license revocation. So since this is #3 and she has no license, there's the felony charge.

What if anything can be done to get these charges possibly reduced? We have 3 daughters, one in college, one a senior in HS and also a 10 year old. Jail time for her would be a horrible blow to our kids. We went in knowing about the 90 day mandatory, hoping to get that reduced, then her lawyer tells her that the state's attorney offered a deal for 4 1/2 years in prison!
She has an alcohol problem, yes. But other than that she's a model citizen. She doesn't drive around without a license (normally), doesn't have a criminal record besides the DUI's.

Any help or advice? Can anything be done to convince the SA to reduce these charges, sentence house arrest, alcohol treatment, therapy, something besides jail/prison time?

I'm just beside myself, I can't understand why the state's attorney would even want to put a wife and mother in state prison for 4 1/2 years for this.

**A: because she violated the law period.

[xylene]

The prosecutor is being aggressive.

This is to get you to plead out.

Reality is however, that your wife is going to do at least 180 days .

ALSO

You keep talking "WE".

Your wife has her own problems

You need to look out for yourself.

Get counseling and into a support group for persons with alcoholic spouses.

[WREED]

Originally Posted by xylene

The prosecutor is being aggressive.

This is to get you to plead out.

Reality is however, that your wife is going to do at least 180 days .

ALSO

You keep talking "WE".

Your wife has her own problems

You need to look out for yourself.

Get counseling and into a support group for persons with alcoholic spouses.

Thank you for the constructive response. It's much appreciated.
I guess I say "we" because it's about more than just her. If we didn't have children, it might be a different story. Because of this, her problems are my problems and we have to work through them together, that's part of what marriage is about in my opinion.
I agree also about the counseling / support, I'm sure it would do me good.

Can I ask why you say she'll do at least 180 days when the mandatory is 90 days?

Thanks again.

[xylene]

Originally Posted by WREED

Thank you for the constructive response. It's much appreciated.
I guess I say "we" because it's about more than just her. If we didn't have children, it might be a different story. Because of this, her problems are my problems and we have to work through them together, that's part of what marriage is about in my opinion.
I agree also about the counseling / support, I'm sure it would do me good.

Can I ask why you say she'll do at least 180 days when the mandatory is 90 days?

Thanks again.

She is going to do more than the mandatory minimum.

For starters, because she was driving revoked.

Two, because she had an accident when stopped.

I get your point about the family, but families have troubles. Kids are old enough to understand in age appropriate ways what is going on in real terms.

[WREED]

Thank you again for the quick reply.

[dave33]

Why is this #3 if she was not convicted of #1? Who is this attorney? Is it a public defender? There is something very wrong about what your attorney has told you. Has he actually seen the video or is he going on the police report? You absolutely need more information and possibly another lawyer. I do not believe he is being completely candid with you. What # exactly did she blow? In this situation, I do not think any jail time is called for. Is the 90 day minimum because of the felony? I also think you should be a little more active in the situation. In most states, after a # of years the dui does not count. Also was #1 or #2 a refusal, because sometimes that also makes a difference. You have some research to do. Since there was no conviction of # 1 and the time between #2 and #3 there certainly seems like something he can do. What was the 2009 law change? goodluck.

[FlyingRon]

I suspect she got a deferred sentence on the first offense. Even though the conviction was stayed, it still counts as the first offense on the subsequent one.

[WREED]

Originally Posted by FlyingRon

I suspect she got a deferred sentence on the first offense. Even though the conviction was stayed, it still counts as the first offense on the subsequent one.

This is what the attorney told us.

Originally Posted by dave33

Why is this #3 if she was not convicted of #1? Who is this attorney? Is it a public defender? There is something very wrong about what your attorney has told you. Has he actually seen the video or is he going on the police report? You absolutely need more information and possibly another lawyer. I do not believe he is being completely candid with you. What # exactly did she blow? In this situation, I do not think any jail time is called for. Is the 90 day minimum because of the felony? I also think you should be a little more active in the situation. In most states, after a # of years the dui does not count. Also was #1 or #2 a refusal, because sometimes that also makes a difference. You have some research to do. Since there was no conviction of # 1 and the time between #2 and #3 there certainly seems like something he can do. What was the 2009 law change? goodluck.

He said that he saw the video and it "wasn't pretty"
I don't know what the number was that she blew, I'll find out.
She did speak with another attorney and he told her "I won't be able to do anything more for you than name of current attorney can."

2009 law changes from the IL SoS:

Any DUI offense resulting in felony charges is classified as Aggravated DUI.
Any mandatory term of imprisonment or community service is not subject to sus-
pension or reduction. Any person sentenced to probation or conditional discharge
also must serve a minimum 480 hours of community service or 10 days impris-
onment.....

Items that apply to her from this SoS info:

Aggravated DUI includes the following offenses:
• Third or subsequent DUI (Class 4-X felony; penalties vary according to offense......
• DUI committed without a valid driver’s license or permit (Class 4 felony,
imprisonment of 1-3 years, fines of up to $25,000)
• DUI committed without vehicle liability insurance (Class 4 felony, imprison-
ment of 1-3 years, fines of up to $25,000). They have her charged with this but the vehicle is insured. I don't think they found the insurance card, or maybe they're charging her with this because you can't be insured without a license, correct? Not sure about this one.
• DUI committed while revoked or suspended for DUI, reckless homicide or
leaving the scene of a personal injury or death (Class 4 felony, imprisonment
of 1-3 years, fines of up to $25,000). Any penalty imposed is in addition to the
penalty for any subsequent DUI violation. Revocation period determined by
offense she is revoked due to last DUI, she never hurt or killed anyone. Although based on the above item, it seems like this is just as bad.

[lenny71]

Judges tend to take the driving with revoked license to heart. The only thing that stops people from doing this are the consequences.

I would google "Audrey Kishline", your wife has a serious problem and jail is not the worst consequence.

The drinking alone outside her friends house is alarming (she had to have brought alcohol) and shows very poor judgement. This is her third time. She needs to get help and to realize the harm that may come of her actions.

Not knowing her BAC it is hard to guess what her jail time will be.

[scherado]

Originally Posted by WREED

...I guess I say "we" because it's about more than just her. If we didn't have children, it might be a different story....

I agree that it's about more than just her.

Some would say that it should be all about the children as they are innocent and under the protection of adults--I'm flirting with the obvious here--in particular, the two pre-college kids. You might find that your judge is very concerned about the welfare of your HS senior and 10-year-old.

Your wife must determine whether she is an alcoholic and, now, the state has an interest in answering this question. This question is not as easy to answer as it may seem as there is some uncertainty in our society about the "disease concept" of alcoholism. For this reason, I suggest that your wife focus on finding the solution to her drinking problem. The quickest and most effective way to do this is for her to try to stop drinking and see what happens. Of course, I mean total abstinence from alcohol AND all other mood and mind-altering substances.....except coffee and cigarettes, though I don't recommend either.

You see, the solution to your wife's drinking problem will be one thing if she is NOT an alcoholic and quite another thing if she is an alcoholic. (Non-alcoholics simply stop or moderate.)

I have not introduced the option of in/outpatient rehabilitation as it is not required using the simple method I offered: stop drinking (and all other substances) and see what happens. Unfortunately, our justice system requires an institution to get the job done. If you want your judge to believe that your wife intends to STOP THIS TRAIN WRECK before it's too late, then she will go straight into IN-patient rehab.

[dave33]

[quote=WREED;2379696]This is what the attorney told us.



He said that he saw the video and it "wasn't pretty"
I don't know what the number was that she blew, I'll find out.
She did speak with another attorney and he told her "I won't be able to do anything more for you than name of current attorney can."

2009 law changes from the IL SoS:

Any DUI offense resulting in felony charges is classified as Aggravated DUI.
Any mandatory term of imprisonment or community service is not subject to sus-
pension or reduction. Any person sentenced to probation or conditional discharge
also must serve a minimum 480 hours of community service or 10 days impris-
onment.....

Items that apply to her from this SoS info:

Aggravated DUI includes the following offenses:
• Third or subsequent DUI (Class 4-X felony; penalties vary according to offense......
O.k. from what I read, 480 days of c.s. or 10 days form the 2009 law change. also,"penalties vary according to offense". Where is the 90 days mandatory? Anyway looks like some wiggle room. I would ask the lawyer if she should go to re-hab. She may be able to complete a program before her court date or go to court from the program. I would ask if you think the judge would be reluctant to take her out of the program to put her in jail? I understand because of the revocation, she was charged harshly. But, again it looks like the judge as usual has some discretion. Also, in my state you can have liability w/out license. Also minimum sentences are for conviction, it can still get reduced for a plea agreement than the minimum discarded. Keep pressure on the lawyer to find out about even an out-patient option. Also make sure he is always conscious of the fact that there was no injuries.goodluck.

[WREED]

Originally Posted by lenny71

Judges tend to take the driving with revoked license to heart. The only thing that stops people from doing this are the consequences.

I would google "Audrey Kishline", your wife has a serious problem and jail is not the worst consequence.

The drinking alone outside her friends house is alarming (she had to have brought alcohol) and shows very poor judgement. This is her third time. She needs to get help and to realize the harm that may come of her actions.

Not knowing her BAC it is hard to guess what her jail time will be.

Lawyer has the papers and she doesn't know for sure. She said she thinks it was ".2 something" The only thing I know is that she stopped and bought 2 pints of Crown. There was about a 3-4 hour time period between when she left and when she got picked up. One bottle was unopened and taken by the police, or so I'm told.

Originally Posted by scherado

Your wife must determine whether she is an alcoholic and, now, the state has an interest in answering this question. This question is not as easy to answer as it may seem as there is some uncertainty in our society about the "disease concept" of alcoholism. For this reason, I suggest that your wife focus on finding the solution to her drinking problem. The quickest and most effective way to do this is for her to try to stop drinking and see what happens. Of course, I mean total abstinence from alcohol AND all other mood and mind-altering substances.....except coffee and cigarettes, though I don't recommend either.

You see, the solution to your wife's drinking problem will be one thing if she is NOT an alcoholic and quite another thing if she is an alcoholic. (Non-alcoholics simply stop or moderate.)

I have not introduced the option of in/outpatient rehabilitation as it is not required using the simple method I offered: stop drinking (and all other substances) and see what happens. Unfortunately, our justice system requires an institution to get the job done. If you want your judge to believe that your wife intends to STOP THIS TRAIN WRECK before it's too late, then she will go straight into IN-patient rehab.

This is what I would personally like to see. I would be very happy to find out that she is sentenced to mandatory in-patient treatment. Unfortunately without it being mandatory, I don't think she would go.
I don't think there's a doubt that she's an alcoholic. In 15 years I don't think I've ever seen a full week without a drink, typically every other day. Drink, hangover, drink, hangover, etc.

Originally Posted by dave33

O.k. from what I read, 480 days of c.s. or 10 days form the 2009 law change. also,"penalties vary according to offense". Where is the 90 days mandatory? Anyway looks like some wiggle room. I would ask the lawyer if she should go to re-hab. She may be able to complete a program before her court date or go to court from the program. I would ask if you think the judge would be reluctant to take her out of the program to put her in jail? I understand because of the revocation, she was charged harshly. But, again it looks like the judge as usual has some discretion. Also, in my state you can have liability w/out license. Also minimum sentences are for conviction, it can still get reduced for a plea agreement than the minimum discarded. Keep pressure on the lawyer to find out about even an out-patient option. Also make sure he is always conscious of the fact that there was no injuries.goodluck.

I must have missed it when I quoted the SoS doc, but the mandatory 90 days is in there.
Next court date is Oct 14, followed by Oct 21.
Thanks again, I'll post back with any new info.