Second DUI on Probation

[softvirgo]

What is the name of your state? California

One of my friend first picked up DUI last year. jist blood alcohal level was .06. he was put on 3 years probation and no license suspension. no jail time or anything like that.

Now last week he got another dui. actually he hit a pole and taken to hospital. i think his BAC was > .20. thats what he told me.This dui was in different county.

Will he be facing 2 cases, one is probation violation and 2nd DUI. the first one was in sacramento and second one was in placer county.

Now he is worried as he is alone the bread earner for his family. I know he wil definitely goto jail for sometime but in any case can that time be changed into community service or Work release program or house arrest.

Please suggest

[ENASNI]

California Vehicle Code §23540


(a) Punishment If any person is convicted of a violation of Section 23152 and the offense occurred within ten (10) years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, which resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).

(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver's license required under Section 13352.5.

(c) This section shall become operative on September 20, 2005.



California Vehicle Code §23542
Conditions of Probation for Second Time Offense

(a) (1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following:

(A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).

(B) For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively.

(2) The person's privilege to operate a motor vehicle shall be suspended by the department under paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550.

(b) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following: (1) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. (2) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation.

(c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program of the length required under this code licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department's headquarters.

(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver's license required under Section 13352.5.



He needs a lawyer, he needs to stay off the streets.

[softvirgo]

Hello Sir

Thanks for your reply. he is ready to do everything except jailtime. but it seesm that would be hard. he may have to spend atleast 96 hrs in jail or may be 10 days. But as if he was on probation earlier so are they going to file 2 separate cases against him.

can judge imposed more than 6 months of jail for him. I am just asking in general like what judges normally give like 90 days of jail or 60 days of jail or what.

He is a lot worried. Definitely he is having a lawyer but need yours advices in order to get some idea.

[ENASNI]

Originally Posted by softvirgo

Hello Sir

Thanks for your reply. he is ready to do everything except jailtime. but it seesm that would be hard. he may have to spend atleast 96 hrs in jail or may be 10 days. But as if he was on probation earlier so are they going to file 2 separate cases against him.

can judge imposed more than 6 months of jail for him. I am just asking in general like what judges normally give like 90 days of jail or 60 days of jail or what.

He is a lot worried. Definitely he is having a lawyer but need yours advices in order to get some idea.

He should be a lot worried hon. and There is most definitely a chance of jail time more than 96 hours. There was a one car accident?

Talk to a real lawyer, Nobody knows what the judge will do.

[softvirgo]

that if he was on earleir DUI probation and got this second DUI. definitely he would be facing a jail time.

But as he is the only bread earner for his family so can it be converted into some work release program or community service.

Please help

[cacrimlaw1]

Originally Posted by softvirgo

that if he was on earleir DUI probation and got this second DUI. definitely he would be facing a jail time.

But as he is the only bread earner for his family so can it be converted into some work release program or community service.

Please help

First of all the fact that his first dui was at .06, why wasn't the case dismissed or reduced to a wet reckless? (Usually the case where the BAC is less than .08)

Secondly just because he had an earlier DUI conviction and is on probation does not automatically mean he'll get jail time.

His new case with a BAC greater than .20 is problematic, usually enhanced sentencing. But depending on the county and the judge he still might be able to avoid jail time or receive work furlough.

Bottom line, everything is negotiable, and that is why you need the best legal representation possible. My cousin who also had 2nd DUI while on probation recently had a great attorney in Northern CA, Jina Nam, [url]http://www.inanamlaw.com[/url] and avoided jail time - so not impossible!

Good luck to your friend!

[softvirgo]

was changed to Wet Reckless. There was only fine and 3 years probations. There was no DUI classes or anything as he got helmandollar means his license was not suspended even for a single day.

But this time he met with an accident as because it was a rainy season his car slips and he hit a pole. When i reached hospital after getting a call the doctors told me that his BAC was 3 times the legal limit . so it was above .20.

This was in placer county and earlier was in sacramento county.

what i need to know is that even if he gets some jail time what could be the maximum he can go , i mean 10 day 20 days 30 days. the other question is that if gave him some days in jail how can it be converted into community service or house arrest.

As he is the only person in his family who earns for himself and family and he works 7 days a week, so how can it be converted to home detention or house arrest and or community service . he just wants to avoid jail time.

thanks

[outonbail]

Originally Posted by softvirgo

was changed to Wet Reckless. There was only fine and 3 years probations. There was no DUI classes or anything as he got helmandollar means his license was not suspended even for a single day.

That was his chance to prove his actions were a mistake in judgment. This arrest however, proves it was not simply a mistake in judgment as much as it was an "I don't give a damn who I endanger" attitude of someone with an alcohol problem.

But this time he met with an accident as because it was a rainy season his car slips and he hit a pole. When i reached hospital after getting a call the doctors told me that his BAC was 3 times the legal limit . so it was above .20.

Allow me to let you in on a little inside information. The fact that it was a "rainy season" hasn't near as much to do with your friend hitting a pole, as does the fact that he was $hit faced drunk and driving a vehicle. So let's not blame the weather for your friends irresponsible stupidity.

This was in placer county and earlier was in sacramento county.

So, what point are you trying to make with what county he was caught in? How many times a week and in what counties did he drive drunk, before he was caught for the second time?

what i need to know is that even if he gets some jail time what could be the maximum he can go , i mean 10 day 20 days 30 days. the other question is that if gave him some days in jail how can it be converted into community service or house arrest.

Sorry, my crystal ball suffered a fall some time back and shattered as a result. So while no one can say what he will get, you can read what was posted and see for yourself, that he can be held in jail for one whole year.

As he is the only person in his family who earns for himself and family and he works 7 days a week, so how can it be converted to home detention or house arrest and or community service . he just wants to avoid jail time.
thanks

Well you see it's like this, the night he drove while three times over the legal limit, there were probably many other people driving on the same road who were the single bread winners in their family. These people had no choice in the fact that your drunk friend was driving right alongside them. These are the people the judge has to try to protect with his ruling. So worrying about your friends family has to take a back seat. This is because your friend was three times the legal limit, he knew damn well that he was drunk. It was not like he was a little impaired and thought he could drive OK. He was well aware of his actions but didn't give a damn. He had to have known that he was in no shape to safely drive,,, but he didn't give a damn. He must have known he could have killed himself or someone else,,, but he didn't give a damn. He must have known that he was the only bread winner in his family and driving in his condition could remove him from the picture,,, but he didn't give a damn!

So, why do you think anyone else should give a damn about his situation when he obvioulsy didn't?
If he really wanted to avoid jail time, he would stay away from alcohol.

I hope he does a year, because maybe when he gets out and sees his family living in the streets, he'll get the message!

I prefer that method over it taking the life of an innocent person to send him the same message.

[Shay-Pari'e]

Originally Posted by softvirgo

was changed to Wet Reckless. There was only fine and 3 years probations. There was no DUI classes or anything as he got helmandollar means his license was not suspended even for a single day.

But this time he met with an accident as because it was a rainy season his car slips and he hit a pole. When i reached hospital after getting a call the doctors told me that his BAC was 3 times the legal limit . so it was above .20.

This was in placer county and earlier was in sacramento county.

what i need to know is that even if he gets some jail time what could be the maximum he can go , i mean 10 day 20 days 30 days. the other question is that if gave him some days in jail how can it be converted into community service or house arrest.

As he is the only person in his family who earns for himself and family and he works 7 days a week, so how can it be converted to home detention or house arrest and or community service . he just wants to avoid jail time.

thanks

Are you drunk as you are typing this? Seriously, I live in this area, will be passing through your area on the way to Tahoe.

Do you think you could stay off the roads next weekend?

[AHA]

Since "friend" has an alcohol problem and is the sole provider in the family, how about spouse getting a job to help pay the bills?????? If "friend" has to work 7 days a week in order to pay the bills, family is clearly living above their means and both parents should be out working.
Using "I'm the sole bread winner in the family" is NO EXCUSE FOR DRIVING DRUNK, ENDANGERING THE LIVES OF SOBER DRIVERS ON THE ROAD AND EXPECT TO GET AWAY WITH IT!!!!!!!!!!!!!!!!!! I find it repulsing and sick to demand that a crime like that should be swept under the rug because a spouse is spending their life on the couch instead of helping to support the family."Friend" needs AA asap and spouse needs to fill out a job app asap!

[softvirgo]

if_there_was_no_sentence earlier

His last case results are as below as he told me

Probation Status :- Granted/Non-Searchable
Probation Term :- 3 Years
Probation Type :- Informal
Custody Program :- Straight Time
Custody length :- 8Days

He didnt spend even 1 days in jail.But that is on his record.

Now if he violates his probation he could be sent back to jail but as there was no suspended sentence in his case, how long he can be in jail or is it for 8 days.

Another question :- if a person violates probation can they judge go back and impose full potential maximum sentence which could have imposed at time of decision or it would be what have been suspended in order to give him probation.

Please suggest

[softvirgo]

would be helpful.

[softvirgo]

tick tick . pls help

[ENASNI]

You are going to have to wait it out and see.

There are no fortune tellers here.

He broke the law and actually got lucky that he and others got out alive.


Deal with that, it sounds harsh but think about the other scenarios here.

Really, close your eyes and think about the alternative and you will find that this is not as bad as you think.

Good bye.

[Happy Trails]

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