Desperately need help with DUI situation....

[cadillaclimo]

What is the name of your state? PA

In DUI cases, how many years can the courts go back with combining DUI's?

The situation is: My friend has been driving without a license for about 12 years. He originally lost his license for a DUI many years ago, then in 2004 he got pulled over, charged with driving without a license, and another DUI. He didn't got to the hearing, so now has a bench warrant against him. He is 51 years old, and would LOVE to get his life straightened around, but is afraid of having to serve jail time. He says the laws are now that they can go back & combine previous DUI charges. He would lose his job if he had to go to jail for any lenghth of time.

Question 2: I suggested to him to go talk to the cop that pulled him over in 2004, ask the cop if he could possibly reduce the charge to just driving without a license. My friend says I'm crazy, not to even try because it might make things worse. Is he right? Would talking to the cop help or hurt in any way?

Any advise is GREATLY appreciated.....this guy went through some tough times, and made some bad choices, but has learned his lesson & would like to put this all behind him if there is any possible way.

THANK YOU.What is the name of your state?

 

[elmuchoprez]

He says the laws are now that they can go back & combine previous DUI charges.
I think he's talking about whether or not the 2004 DUI will count as his first or second offense since there was a significant amount of time in between the two. I believe the answer is that it will count as his second.

He would lose his job if he had to go to jail for any length of time.
As of February 2004, all second time offenders in PA face mandatory jail time. The minimums are between 5 and 90 days depending on how high your BAC was.

I suggested to him to go talk to the cop that pulled him over in 2004, ask the cop if he could possibly reduce the charge to just driving without a license.
Why exactly would a cop do that?

 

[cadillaclimo]

Thank you and more....

Thank you....

This would actually be his 3rd offense......the first one was way back. SO....if there is no time limit, what will a 3rd offense bring? UGH.....afraid to ask.

The 2nd was in 1994, he refused the test (stupid, i know). He lost his license for awhile (?) because of not taking the test, and finally completed all the requirements & paid $2000 I think in fines that time but hadn't officially gotten his license back.
This last time, 2004,he was never told how high the BAC was. Can he request this information now, and who could he request it from? Is he entitled to a copy of the police report etc? Is this public record that I could request without involving him right now? He moved shortly after the offense, and never even officially got served the warrant papers or anything. I even searched the court house records, no warrant or police report is showing up for this offense (why IS that??.....I got a copy of the police report from 1994 at the court house, the 1st one was too long ago, but there isn't ANY record or warrant for this one.) I actually thought there wasn't a warrant because it didn't show up at the court house, but he insisted I phone the sheriff's dept and was told that yes there is a bench warrant, but that they were not actively searching for him because it has been since 2004, and he isn't considered a threat to anyone etc. The sheriff's dept reccommended that I have an attorney request a new hearing & the warrant would probably be dropped. But my friend is scared to death of a jail sentence......he is telling me that it might be a 6 month or more jail sentence ( I think he's just scared and thinking worst case scerio).

The reason I was considering talking to the officer is because the situation was extenuating circumstances, and the officer even made the comment to him that "He felt bad" about how it happened. My friend hadn't gotten his license back yet, and was home one night, drank a few (?) beers, got a phone call from another friend who needed a favor. So reluctantly he went to do this favor, and was actually pulled over for just a burnt out headlight...... when asked for his license, he just held out his hands to put cuffs on. The (favor) friend came down to the police station immediately, explained everything, and got my friend out of jail. So i was thinking perhaps it wouldn't hurt to talk to this officer.....(okay, I'm like perfect never got in trouble in my life.....lol....and still believe in people/cops/etc doing nice things if somebody is really trying to straighten out their life). ALSO, I know of another person who kinda did this, except he had a high $$ attorney do it for him. It was this person's 3rd or so DUI offense, and his attorney fanagled the police officer to reduce the charge. Unfortunately, we don't have money for the high powered attorney in this case.

Your help is very much appreciated......I know none of you guys know me or my friend....but we have been praying our hearts out for a solution to give this guy a life back!! He wasn't dealt a very good set of cards since childhood (not making excuses for his behavior....)..... yes he screwed up with the DUI's, but he's older & wiser now and there HAS to be a workable solution to this mess!!

 

[cadillaclimo]

Sorry..another question!!

How much WORSE can this get if my friend doesn't deal with this now? He's currently driving without a license....eg:no insurance, with a warrant out for this DUI offense from 2004. I feel like he's walking (driving) on a loaded time bomb, he says it'll be no different.....coming forward now, or waiting until (he says IF) he's caught. Is he right?

 

[paguy88]

sounds like a awful way to live...

he should have handled the situation in 2004... did what he had to do.. and move on...

hope it works out for him.

 

[>Charlotte<]

How much WORSE can this get if my friend doesn't deal with this now? He's currently driving without a license....eg:no insurance, with a warrant out for this DUI offense from 2004. I feel like he's walking (driving) on a loaded time bomb, he says it'll be no different.....coming forward now, or waiting until (he says IF) he's caught. Is he right?

No, he's not right, and of course it can get worse. Every time he drives that's at least one more charge on top of all the others if he gets caught.

And when he does get caught and hauled into court, would he rather hear his attorney point out that he willingly came forward, or the prosecutor point out that he obviously had no intention of taking care of this until he was caught and forced to.

And--he will get caught. It's just a matter of time.

 

[elmuchoprez]

If this is his third offense, the minimum penalty is:

2nd degree misdemeanor
10 days min. imprisonment
$500 - $5,000 fine
12 month license suspension
Mandatory 1 year Ignition Interlock
CRN evaluation
Mandatory full D&A Assessment and compliance with D&A treatment as condition of sentencing

If his BAC was high, that jail minimum can jump up to one year.

 

[FlyingRon]

The DUI lookback is ten years. This is hence his "second" offense for sentencing rather than the third.