DUI - 2nd offense

[SoulVein]

What is the name of your state? ARIZONA

I wondered if you could list some examples of the few most common 'Reasons' city prosecutors have accepted or alotted to the defendant for a criminal 2nd DUI. In example if the person wanted to stay out of jail, and this defendant will do ANYTHING to negotiate an alternative to a sentence. Such as which common reasons have helped grant a defendant House Arrest for a month or 2, or Probation for a few years instead of jail/confinement time?

This person has just got married this last Thanksgiving, and his wife is pregnant and their baby is due on April 1st, then the court date is in May and the defendant and his wife extremely and strongly wants to negotiate some of these alternatives with the city attorney so he can be home to be a supportive husband and most importantly take care of his baby during House Arrest. His wife needs extreme support.
This defendant spoke to his defendant attorney about this and this defendant attorney maile d out a letter of this request to the city attorney. Lastly, what is the next step after this letter has been mailed out to this city attorney?

Sincerely,

paul

[aking098]

Hmm,should have been thinking of those reasons when you got behind the wheel of your vehicle.

[Betty]

If he wanted to be a supportive husband & father, he shouldn't have gotten a 2nd dui.

[SoulVein]

the first DUI he had the city gave him a sentencing of 3 days jail plus 1300.00 dollar fine and 66 hours of outpatient treatment, he attended these except he was not entirely done with the 66 hours he was still in the middle of it. this treatment was never completely finished is one reason his defending attorney is going to use due to "not learning anything yet from the 66 hours program" but He finally completed it in this early March. His defending attorney wants to try to use the law called Corpus delectite in his defense as we;l, which i am unsure of but its having to do with the body and vehicular accidents maybe, could someone clarify this for me if anyone knows? Also the keys were out of the ignition, showing 'control' is something the defending attorney will use which is hopeful to help in his defense.
His wife was in the back asleep thrusted foward into the back of the seat & bruised in the stomache and a bruised right eye , she was brought to the hospital by air-vac. He has been so strongly remorseful and scared for his wife and baby due this week actual induced if not due by this wednesday. He wants to be around for his wife especially the growing months of his first born child's life. They never discovered her being pregnant until months after this 2nd DUI single vehicle collision this is why its scarey , he's the only that was plannign on working to support his wife and baby during her maternity Leave for 6 weeks next week and his final date in court is on April 27th, which his attorney says is possibly the day as well they would take him into custody if thats what happens. he wants to write the STRONGEST Statement with some support on which subjects to POUND hard on when he writes this statement to show he cares, he's changed sicne that 2nd DUI and pain and sufferng he's gone through during wis wife's hospitalization and both of their concusions after the accident. He even has been on medication for anxiety but also has been feeling that he's been having mental health severe issues developing and he has made as appointment with a Nerologist for a full assesment, because encarcerating him he feels and his family and wife feels he will not be able to be mentally stable through. We wondered if this nerologist assesment could help him stay out of jail. What type of statements do anyone of you know of that neurologists have written for patients diagnoses that have allowed someone to stay out of jail for any instances??

please respond at yourmost earliest convienance hitting on each of these points i mentioned,
Sincerely,

Soulvein

Originally Posted by Betty

If he wanted to be a supportive husband & father, he shouldn't have gotten a 2nd dui.

[aking098]

What would have happened if he had killed her or someone else,tell him he should have thought about what could have happened before he got behind the wheel when he knew he was under the influence.
No pity for him here,just enjoy his vacation with with the county he lives in.

[fairisfair]

Originally Posted by SoulVein

What is the name of your state? ARIZONA

I wondered if you could list some examples of the few most common 'Reasons' city prosecutors have accepted or alotted to the defendant for a criminal 2nd DUI. In example if the person wanted to stay out of jail, and this defendant will do ANYTHING to negotiate an alternative to a sentence. Such as which common reasons have helped grant a defendant House Arrest for a month or 2, or Probation for a few years instead of jail/confinement time?

This person has just got married this last Thanksgiving, and his wife is pregnant and their baby is due on April 1st, then the court date is in May and the defendant and his wife extremely and strongly wants to negotiate some of these alternatives with the city attorney so he can be home to be a supportive husband and most importantly take care of his baby during House Arrest. His wife needs extreme support.
This defendant spoke to his defendant attorney about this and this defendant attorney maile d out a letter of this request to the city attorney. Lastly, what is the next step after this letter has been mailed out to this city attorney?

Sincerely,

paul

Sorry, you may indeed be repentant, but too little too late, you will be spending time with Sheriff Joe at Tent City, you had better be spending your time planning for that rather than writing letters. Arizona's DUI laws are mandatory, there is no deal making here. You WILL be going to jail.

[SoulVein]

Originally Posted by fairisfair

Sorry, you may indeed be repentant, but too little too late, you will be spending time with Sheriff Joe at Tent City, you had better be spending your time planning for that rather than writing letters. Arizona's DUI laws are mandatory, there is no deal making here. You WILL be going to jail.

I still don't understand why House Arrest cannot be negotiated. He IS unstable with a thought disorder from his docotor statement, and unstable during times that he is alone, he has had siezures in his sleep, he has had disturbing thoughts of verbage or pre-conversation that he says has been going in a repetitive looping effect causing him to feel very mentally unstable, so what other alternatives can be done or negotiated for him... since he is extremely unstable forany environment that is degrading in encarceration environments at this time. His rental lease will also be done and ending in earliest of July, with his wife and new born baby due in just few days or anytime soon. Is there anything here that the city can consider due to newly diagnoses from his doctor plus the referral already from his doctor is sending him to do a full assesment at a neurologist in this Arizona valley, and its unbelievable for this type of appointment with someone like him, there are only 3 nerologists in the entire arizona valley. Sorry this is fresh news after hearing back from his doctor today. Any other negotiation tactics with prosecutors that have been useful in the past or even today from other peoples cases?

[fairisfair]

Originally Posted by SoulVein

I still don't understand why House Arrest cannot be negotiated. He IS unstable with a thought disorder from his docotor statement, and unstable during times that he is alone, he has had siezures in his sleep, he has had disturbing thoughts of verbage or pre-conversation that he says has been going in a repetitive looping effect causing him to feel very mentally unstable, so what other alternatives can be done or negotiated for him... since he is extremely unstable forany environment that is degrading in encarceration environments at this time. His rental lease will also be done and ending in earliest of July, with his wife and new born baby due in just few days or anytime soon. Is there anything here that the city can consider due to newly diagnoses from his doctor plus the referral already from his doctor is sending him to do a full assesment at a neurologist in this Arizona valley, and its unbelievable for this type of appointment with someone like him, there are only 3 nerologists in the entire arizona valley. Sorry this is fresh news after hearing back from his doctor today. Any other negotiation tactics with prosecutors that have been useful in the past or even today from other peoples cases?

There are special "accomodations" made for prisoners with medical conditions. That is the only special treatment he will be receiving. He WILL go to jail. Do you honestly think jail is any more pleasant for any of the other people that are there? do you think that they don't have issues and excuses as well? Would you be so sympathetic if his wife had died during his drunken spree? How about someone else's family? He WILL go to jail, He WILL NOT be under house arrest.

[SoulVein]

Originally Posted by fairisfair

There are special "accomodations" made for prisoners with medical conditions. That is the only special treatment he will be receiving. He WILL go to jail. Do you honestly think jail is any more pleasant for any of the other people that are there? do you think that they don't have issues and excuses as well? Would you be so sympathetic if his wife had died during his drunken spree? How about someone else's family? He WILL go to jail, He WILL NOT be under house arrest.

Have you studied the Arizona Vehicular laws...and other posts online here with similiar situations. When he went to jail the first time, ''that is isolation'' and for his first DUI the officers neglected his paperwork about his medication doses to be taken even in the ritsy part of towns jail facility in scottsdale, AZ where i imagine the co-workers/officers are more experienced and are consistent but they obviously were not. He was not having these symptoms until after this first dui jail time. It has got to be out of control now with his thought disorder, where he is strongly seeking alternatives than isolation, he is actually seeking treatment programs. Have there been any other reccomendations to try in negotiation from this? I don't believe a single one of the experienced advisers on here are from Arizona...to know the laws efficiently for Arizona if there is one please let me know.

Lastly, my question referring to the term "corpus delectite" was never answered or been a term anyone has mentioned familiarity with... does anyone know what this is?

[fairisfair]

A Common Law principle which states that for there to be a crime, there has to be a victim (corpus delecti). You think this crime is without victims? give it a rest.

[fairisfair]

[url]http://www.cnn.com/US/9907/27/tough.sheriff/[/url]

Not a pretty place, and I definitely do not agree with his methods, but here it is. Like it or not.

[SoulVein]

Originally Posted by fairisfair

[url]http://www.cnn.com/US/9907/27/tough.sheriff/[/url]

Not a pretty place, and I definitely do not agree with his methods, but here it is. Like it or not.

I do not agree with his methods either. The methods are ruthless when it comes to the city wanting money for jails. So thats why people paid there way out of jail is this not true? They have Great lawyers that might be a fortune But its because the lawyers are experienced strongly in negotiation methods right? I read these articles on here of people that have had similiar situations and they were allotted alternatives such as Probation for years instead of jail time. Plus more other alternatives. What are the causes of these alternatives that have been allotted?

[SillyPuddy]

SoulVein

There are alternatives to jail such as work crew, work release, community service, etc. However, most states have mandatory sentences which can restrict judges from molding things very much. Since it's a second DUI, it's probably unlikely that there won't be some kind of jail time, even if it's weekenders. But either work release or weekenders would allow him to continue working. It really depends on what his attorney can negotiate.

It's getting more and more difficult to negotiate alternatives to the mandatory laws. Which means if you get the State mandatory minimum, you've come out pretty well. Remember, you can bet someone from MADD is in courtroom or reviewing judges rulings on DUI cases. Any flexibility on the part of the Judge has potential political backlash consequences.

[gawm]

A co-worker of mine is in tent city right now because of his 2nd DUI. He got 4 months. He pays them $40 a day and they let him out for 12 hours a day everyday except Sundays. He's kind of lucky though, his four months will be up in May, before it gets too hot. You really don't want to be in tent city in June, July or August. Good luck with that!

[tranquility]

Corpus delicti literally means the body of the crime. It is usually used in regards to murder and the need for a dead body (or proof that the person is dead somehow--and not from an accident) and which is where fairisfair probably got the notion it refers to a victim in some way.

Here, you wrote the keys were not found in the ignition. The attorney is using the term to note that part of the "body of the crime" of driving under the influence is one must be driving. What "driving" means changes according to statute and, more often, case law. Perhaps your jurisdiction requires the keys in the ignition.