DUI+prior vehicle code violations

[palombi]

What is the name of your state?
California

Here's the deal.

My friend got a DUI in Orange County on 5/14/05, passed all the field sobriety test but blew a .1 on the breathalizer. His prior record is riddled with vehicle code violations. Reckless driving(230103) on 5/24/2002, excessive speed(22348) on 10/13/2002, Driving on a suspended/revoked licence(14601.1) on 2/16/2003. He got charged with the DUI and Driving on a suspended/revoked licence. On his hearing day the judge said his prior record and his DUI are grounds to put him in jail. My friend told the judge he wanted a lawyer, rightfully so, and to avoid being put in jail right then. His upcoming court date is on 7/15/2005.

Here are my questions:

How long and under what conditions would he have to go to jail?

Where can I find the specific information in the CVC that speaks the punishments of DUI compounded by a bad driving record?

Does anyone have experiance or good advice on the situation?

Thank you in advance for any responses.

[outonbail]

How long and under what conditions would he have to go to jail?

See below:

14601.3. (a) It is unlawful for a person whose driving privilege
has been suspended or revoked to accumulate a driving record history
which results from driving during the period of suspension or
revocation. A person who violates this subdivision is designated an
habitual traffic offender.
For purposes of this section, a driving record history means any
of the following, if the driving occurred during any period of
suspension or revocation:
(1) Two or more convictions within a 12-month period of an offense
given a violation point count of two pursuant to Section 12810.
(2) Three or more convictions within a 12-month period of an
offense given a violation point count of one pursuant to Section
12810.
(3) Three or more accidents within a 12-month period that are
subject to the reporting requirements of Section 16000.
(4) Any combination of convictions or accidents, as specified in
paragraphs (1) to (3), inclusive, which results during any 12-month
period in a violation point count of three or more pursuant to
Section 12810.
(b) Knowledge of suspension or revocation of the driving privilege
shall be conclusively presumed if mailed notice has been given by
the department to the person pursuant to Section 13106. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(c) The department, within 30 days of receipt of a duly certified
abstract of the record of any court or accident report which results
in a person being designated an habitual traffic offender, may
execute and transmit by mail a notice of that designation to the
office of the district attorney having jurisdiction over the location
of the person's last known address as contained in the department's
records.
(d) (1) The district attorney, within 30 days of receiving the
notice required in subdivision (c), shall inform the department of
whether or not the person will be prosecuted for being an habitual
traffic offender.
(2) Notwithstanding any other provision of this section, any
habitual traffic offender designated under subdivision (b) of Section
23546, subdivision (b) of Section 23550, or subdivision (b) of
Section 23550.5, who is convicted of violating Section 14601.2 shall
be sentenced as provided in paragraph (3) of subdivision (e).
(e) Any person convicted under this section of being an habitual
traffic offender shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for 30 days and by a fine of one thousand dollars ($1,000).
(2) Upon a second or any subsequent offense within seven years of
a prior conviction under this section, by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7
of the Penal Code or under subdivision (b) of Section 23546,
subdivision (b) of Section 23550, subdivision (b) of Section 23550.5,
or subdivision (d) of Section 23566 who is convicted of a violation
of Section 14601.2 shall be punished by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars ($2,000).
The penalty in this paragraph shall be consecutive to that imposed
for the violation of any other law.

Where can I find the specific information in the CVC that speaks the punishments of DUI compounded by a bad driving record?

See above:

Does anyone have experiance or good advice on the situation?

Yes, since you asked:

Don't allow yourself to become too close to this friend as he will drag you down financially and emotionally right alongside himself. He does not learn from his mistakes and in fact keeps making bigger and bigger ones on a regular basis. Not only is he continuing to drive while his license is suspended, but he is doing so recklessly and while under the influence. It is no longer a question of weather or not he is going to jail, but rather, for how long.

If this incident is not the wake up call that finally gets through to him and he doesn't grow up, but continues to drive in the illegal and reckless manner he has grown accustomed to, it will also not be a matter of weather or not he injures or kills someone, but a matter of when and how many.

People who behave in this manner do not make good friends or spouses, as they only care about their own personal pleasure in their own little world and of course, where the next party is.

The law can only do so much to show them where they are headed. It is up to them to take responsibility and change that direction so they don't continue to be a threat to themselves and everyone else in society.

Maybe it's time for you to go out and find someone worthy of your concern, you know,,,, a real friend?