dui has stage 4 cancer

[cjbrown929]

What is the name of your state?CA

My brother was arrested about two years ago for dui. He pled guilty and began attending the courses and paying the fines, then stopped before completing them. In March of this year he was diagnosed with stage 4 colon cancer. He underwent the removal of part of his colon and now receives chemotherapy every week. The prognosis for stage 4 colon cancer is a 50% survival rate after 2 years (with the chemotherapy- w/o, they gave him until Nov or Dec of this year). Naturally, he had to stop working, and now lives on disability.

Not surprisingly, the court has been sending him notices, that a warrant had been issued for his arrest, and that he owed over $2,000. Given his condition, which can be verified easily by his oncologist, what if anything can be done so that he doesn't worry about being arrested? The chemotherapy along with the anxiety of having this terminal disease would appear to supercede his error. The DUI was very basic; no one injured, no property damaged, just too much to drink. I'll add that he has had no further problems since the dui.Thank you.

[garrula lingua]

If I were him, I'd appear on the bench warrant, with a copy of the medical records/some proof of his cancer and status with chemo, & ask the Judge to recall and quash the bench warrant and give me an extension (four to six months, or whatever - he should ask the Judge for a lengthy extension) to complete the alcohol program/fine, or whatever else was late.

It would be a very hard-hearted Judge who did not give him that extension, and recall that bench warrant. (I was stage 4 six years ago.)

[garrula lingua]

PS: by 'appear on the bench warrant' I mean: go to court and tell the clerks that I would like to see the Judge and that there is a good reason for my failing to appear/complete the probation terms, and I would like to appear in court and tell the Judge. (be nice, clerks can be the most important people- tell the clerks the circ.s)
Your brother may qualify for the Public Defender; the PD should know what that Judge would do.
......best of luck to your brother, and take care of yourself...caregivers are under major stress.

[BelizeBreeze]

Your brother will not and should not get any break for ignoring a court order, regardless of his illness. He made a choice and now has another charge against him.

He had the chance to write to the court asking permission to postpone his classes in lieu of treatment but he did not.

He will spend at least one or two days in jail depending on when the police decide to execute the bench warrant.

[LSCAP]

If he's lucky they will put him in for years and the state can pay for his treatment. Full medical, full dental, and a government regulated healthy diet, and a roof over his head. Hot and cold running water.

Maybe they will even let him finish the required courses.

How stupid thinking that dying of cancer is more important than taking DUI classes.

Bring medical records, statements from the oncologist and anything else you can find, showing his limited life expectancy.

AND SPEAK TO THE DISTRICT ATTORNEY. He represents the people, all of the people, and can make deals.
And if he offers a deal where your brother has to go to school, great. Keep him busy and don’t let him give up or give in to the cancer.

After diagnosis and operations my father lasted two years. But they’ve improved vastly over only a few years ago.
One of the unmentioned assists for cancer treatment is ,”NEVER GIVE UP.”

[cjbrown929]

Thank you for your replies.

Senior member: I would remind you that my brother has already been sentenced to an early demise. You would have the court take another day or two? DUI is a serious offense. The punishments available address the very real possibility of the suspect causing death and/or significant injury to innocent people. He doesn't drive any more, didn't cause any injuries or damage, and is truly repentent. What purpose would be served by jail time, which would have to be served in a facility that would allow him to receive his prescription morphine and/or endure fellow inmates who couldn't care less about his condition like yourself?

[BelizeBreeze]

Originally Posted by cjbrown929

Thank you for your replies.

Senior member: I would remind you that my brother has already been sentenced to an early demise. You would have the court take another day or two? DUI is a serious offense. The punishments available address the very real possibility of the suspect causing death and/or significant injury to innocent people. He doesn't drive any more, didn't cause any injuries or damage, and is truly repentent. What purpose would be served by jail time, which would have to be served in a facility that would allow him to receive his prescription morphine and/or endure fellow inmates who couldn't care less about his condition like yourself?

And you would feel the same way if he had killed somone in a drunken stupor?

Don't even think about justifying his actions. His disease is NOT an excuse to break the law and put me and my children at risk of death.

[cjbrown929]

senior member: as a matter of fact, no, I don't believe that if he had killed or injured innocents in the course of driving u the i that his disease could mitigate the offense. I believe, though, that courts are allowed to look at the totality of the circumstances to avoid knee jerk reactions, not that I would characterize your's as one. We are obviously of a different mind, and I respect your opinion, even though I don't agree with it completely. One of the greatest purposes behind punishment is deterrence; my point here is that the deterence factor, given his non-driving status and repentent state of mind might allow the court to not necessarily "forgive" him, but to factor in his health issues. Prisoners serving life sentences for committing far worse offenses than my brother are on occasion allowed early releases for humanitarian reasons. One other question for you: do your responses represent your personal opinions, or actual advice as the title of this forum would suggest?

[BelizeBreeze]

Originally Posted by cjbrown929

senior member: as a matter of fact, no, I don't believe that if he had killed or injured innocents in the course of driving u the i that his disease could mitigate the offense. I believe, though, that courts are allowed to look at the totality of the circumstances to avoid knee jerk reactions, not that I would characterize your's as one. We are obviously of a different mind, and I respect your opinion, even though I don't agree with it completely. One of the greatest purposes behind punishment is deterrence; my point here is that the deterence factor, given his non-driving status and repentent state of mind might allow the court to not necessarily "forgive" him, but to factor in his health issues. Prisoners serving life sentences for committing far worse offenses than my brother are on occasion allowed early releases for humanitarian reasons. One other question for you: do your responses represent your personal opinions, or actual advice?

Only ONE purpose of punishment is deterent. the other is to extract punishment. And no, my personal opinion has nothing to do with this. As an alcoholic I know how stupid it is to drive drunk and there is NO excuse. Thankfully, I didn't kill or hurt anyone and I've been sober for 26 years.

However, I also don't excuse breaking the law, any law, simply because someone is ill. Regardless of that illness. your brother or myself.

[cjbrown929]

senior member: As a senior member, I respect your thoughts. I am a little confused by your last response, though, which began "Only one purpose of punishment is deterent, the other is to extract punishment." So... the other purpose of punishment (besides deterence) is to extract punishment? Can you explain further?

Would you mind if I asked if you had any issues with the law as a result of drinking before you stopped? It sounds to me like you may have done some driving while intoxicated. Were you arrested for doing so? If not, don't you feel as if you should turn yourself in? If someone's poor health shouldn't make a difference, why should the passage of time?

[BelizeBreeze]

Originally Posted by cjbrown929

senior member: As a senior member, I respect your thoughts. I am a little confused by your last response, though, which began "Only one purpose of punishment is deterent, the other is to extract punishment." So... the other purpose of punishment (besides deterence) is to extract punishment? Can you explain further?

Would you mind if I asked if you had any issues with the law as a result of drinking before you stopped?

puntative means punishment. Puntative statutes are those which extract a penalty.

And yes, I had issues. I beat the crap out of a cop and was lucky enough for someone to see him hit me first.

But I grew up fast.

[cjbrown929]

senior member: you must have a more comprehensive dictionary than I do; my merriam webster does not contain the word "puntative". It does have the word "putative", an adjective defined as "regarded as such".

I'll have to assume by your obvious respect for the law that your "beating" of the cop did not extend beyond your reasonable right to defend yourself.

Regardless, I believe that our exchange of information has benefited us both. Thank you!

[DumbDrunk]

Belize,

You wrote: "And no, my personal opinion has nothing to do with this. As an alcoholic I know how stupid it is to drive drunk and there is NO excuse. Thankfully, I didn't kill or hurt anyone and I've been sober for 26 years."

First off, congrats on 26. What an achievement! But I have to wonder if you're still making meetings, 'cause you seem very quick to condemn.

The lady was asking if the 'failure to appear' warrant could be quashed and the charge dismissed. I have no idea what her state law is, but that is a far cry from asking if the guy could completely walk on the underlying DUI charge. The cancer/chemo is a valid reason for the guy not to appear. It does not, as you say, and I agree, forgive ANYTHING about the DUI charge.

Ma'am, I'd be surprised if a judge wouldn't cut the guy some leeway on the failure to appear, but the advice you received earlier seems sound. The guy should go to court, sweet talk the clerks, and approach the judge very respectfully.

[garrula lingua]

OP: The Probation Violation 'punishment' is up to the Judge.
Ask the Judge for an extension on the program, ask for payments on the fine.

The District Attorney can, and usually does, give an opinion as to potential sentence on a PV. Explain the situation.

Most Judges have family members going through similar things as your brother; I don't think he'll get jail time; have your brother bring his current prescriptions with him, in a plastic baggie - he'll be prepared if he has a cold-hearted Judge, and it does have quite a visual effect.

Post back and let us know what happened.

I bet the Judge is decent, and grants an extension.

...Current illness doesn't excuse past bad behavior, but it's only humane to support people going through severe life struggles. Good Luck.

[letithithisbook]

Originally Posted by BelizeBreeze

But I grew up fast.

Are you sure about that?

For a drunk (once a drunk always a drunk) you sound mightly conservative.

Have one on me.