DUI 3rd offense among other charges

[andraya2009]

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

The father of my children has received his 3rd DUI offense in less than five years. He has also been charged with drug possesssion. He was on house arrest when this incident occured and is already convicted of possession of a controlled substance. He was up for parole off house arrest in September of this year. I am being told that he will only have to serve 3 months for the probation violation and then will probably end back up in jail when he goes to court for his DUI. There were serious injuries involved in this DUI related accident not to mention two young children. So, what I am inquiring about is how is it possible that he is only going to serve 3 months for the probation violation when he was not supposed to be released from house arrest until September 2010 and he has these new charges, which clearly violate his condition of house arrest?

[BigMistakeFl]

If I were the guy, I wouldn't be too concerned with the penalties resulting from the probation violation at this point:

A third offense within 5 years of two prior convictions will result in fines of $2,000 to $5,000, one to five years of jail time at the state prison, a five year license suspension period, vehicle seizure and sale, and a felony on his record.

This is a felony and will result in the loss of his civil rights. Death or serious injuries could bring more like 25 years in prison, not county lock-up either.

[Antigone*of*Greece]

Originally Posted by BigMistakeFl

If I were the guy, I wouldn't be too concerned with the penalties resulting from the probation violation at this point:

A third offense within 5 years of two prior convictions will result in fines of $2,000 to $5,000, one to five years of jail time at the state prison, a five year license suspension period, vehicle seizure and sale, and a felony on his record.

This is a felony and will result in the loss of his civil rights. Death or serious injuries could bring more like 25 years in prison, not county lock-up either.

The sad thing BigMistake, is that this guy (sorry OP no offense against you) doesn't give a darn. He has proven that.

[pearljamjeff]

Originally Posted by Wirelessany1

The sad thing BigMistake, is that this guy (sorry OP no offense against you) doesn't give a darn. He has proven that.

Please don't judge people without knowing their story and what they've been through. That's just ignorance.

[Antigone*of*Greece]

Originally Posted by pearljamjeff

Please don't judge people without knowing their story and what they've been through. That's just ignorance.

Unless someone held the OP's nose, shoved the alcohol down and his throat and forcibly sat him behind the wheel and made him drive the car then who cares about the damed story. It is illegal, irresponsible, and immoral to drive a car impaired.


So back to you place you go ~ ignorance my booty. Stick a fork in me

[pearljamjeff]

Originally Posted by Wirelessany1

Unless someone held the OP's nose, shoved the alcohol down and his throat and forcibly sat him behind the wheel and made him drive the car then who cares about the damed story. It is illegal, irresponsible, and immoral to drive a car impaired.


So back to you place you go ~ ignorance my booty. Stick a fork in me

If only the world was as black and white as you seem to see it, there would never be need for debate, or different viewpoints, or even... intelligence. Gosh, that would be a wonderful place to live in...

...yes... ignorance.

[irish77]

I dont agree/disagree with anyone here, but drug possession, drunk driving, with kids, and injuring others all in one day is a pretty big mess. Most people usually don't involve such variables in such a risky situation. I'm not saying the guy doesn't care, but he has no idea about responsibility. The state/courts will hold him accountable. He can be sure of that.

[ERAUPIKE]

Originally Posted by andraya2009

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

The father of my children has received his 3rd DUI offense in less than five years. He has also been charged with drug possesssion. He was on house arrest when this incident occured and is already convicted of possession of a controlled substance. He was up for parole off house arrest in September of this year. I am being told that he will only have to serve 3 months for the probation violation and then will probably end back up in jail when he goes to court for his DUI. There were serious injuries involved in this DUI related accident not to mention two young children. So, what I am inquiring about is how is it possible that he is only going to serve 3 months for the probation violation when he was not supposed to be released from house arrest until September 2010 and he has these new charges, which clearly violate his condition of house arrest?

It really depends on who told you that he would only serve three months. If it was the judge passing him his sentencing then I would bank on it, if it was anyone else then I would take it with a grain of salt. This is the statute for only the DUI. He is looking at some serious hard time. You may need a lawyer as well. A divorce may be a good idea to separate yourself from the inevitable civil suits that will result from your husbands obvious disregard for human life.

(c) Except as otherwise provided in subsection (3), for any third or subsequent conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00), shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections; provided, however, that for any such offense which does not result in serious injury or death to any person, any sentence of incarceration may be served in the county jail rather than in the State Penitentiary at the discretion of the circuit court judge. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. The law enforcement agency shall seize the vehicle operated by any person charged with a third or subsequent violation of subsection (1) of this section, if such convicted person was driving the vehicle at the time the offense was committed. Such vehicle may be forfeited in the manner provided by Sections 63-11-49 through 63-11-53.

and


(5) Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each such death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each such death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest.

[andraya2009]

We were never married. I called that off the first time he got popped with possession of a controlled substance in 2005. His PO was the one who said that he would only have to serve three months, but his PO was also letting him slide A LOT! He has had many run ins with the law and has always gotten a slap on the wrist every time. I don't really care how much time he spends locked up, but my main concern is the fact that once again he has disappeared out of his kids life because of his selfishness. His theory is he is grown and no one is going to tell him what he can and can't do. He argued with his girlfriend to let him drive and she gave in knowing he had been drinking.

[Silverplum]

Originally Posted by pearljamjeff

If only the world was as black and white as you seem to see it, there would never be need for debate, or different viewpoints, or even... intelligence. Gosh, that would be a wonderful place to live in...

...yes... ignorance.

Here, read this and cease YOUR extreme ignorance on the topic of DUI:

http://www.duipictures.com/statisti.htm

http://www.alcoholalert.com/drunk-driving-statistics.html

Keep Googling. Keep reading. Your "position" is indefensible.

[pearljamjeff]

Originally Posted by Silverplum

Here, read this and cease YOUR extreme ignorance on the topic of DUI:

[url=http://www.duipictures.com/statisti.htm]DUI Statistics[/url]

[url=http://www.alcoholalert.com/drunk-driving-statistics.html]Drunk driving statistics[/url]

Keep Googling. Keep reading. Your "position" is indefensible.

My "position"? Are you joking? Can you even read? WHERE, again I ask, WHERE did I defend drinking and driving? I suggest you get off "the google" and read a book. Drinking severely hinders proper driving, and sup-par intelligence severely hinders discussions. Enough said.

[Antigone*of*Greece]

SP ~ I read, see, and smell troll ~ he ain't worth it.

[Silverplum]

Originally Posted by pearljamjeff

My "position"? Are you joking? Can you even read? WHERE, again I ask, WHERE did I defend drinking and driving? I suggest you get off "the google" and read a book. Drinking severely hinders proper driving, and sup-par intelligence severely hinders discussions. Enough said.

Sup-par?

You're worried about my intelligence?

[pearljamjeff]

Originally Posted by Wirelessany1

SP ~ I read, see, and smell troll ~ he ain't worth it.

A troll, haha. That's so incredibly clever. Except for one thing. I came on here because I have a walked a mile in many different shoes... I admit to the mistakes I have made in the past, and will NEVER preach down to people or judge them because of mistakes they have made. You are the ones with such a high post count. YOU are the ones with an obvious agenda... and that agenda is NOT to help people, which is what this site is about. I even can venture a guess that the both of you are strong Christians. Just a hunch. And that's why most Christian churches are shrinking. Elitist attitude and total condescension are NOT Christian qualities.

[pearljamjeff]

Originally Posted by Silverplum

Sup-par?

You're worried about my intelligence?

Intelligence and typos are not mutually exclusive. Look up "venn diagrams."

I'm trying to teach you both the concept of compassion. It's your emotional intelligence that I call into question, not your ability to type on an internet forum. This will be my last post on the forum because most people are more reasonable than what I have experienced here. In fact, if you read most threads, many responses are merely judgmental in nature and not in the least helpful. Shame on you. I truly hope, for your sake, that you never make a mistake. When you have delusions of perfection, it's so much easier to be condescending, isn't it?