3rd DUI speeding while driving on suspended licence

my friend in florida was stopped for doing 82 in 55 zone. he already has his licence suspended (d-6). he was charged with DUI it is his 3rd offense even though he refused the breathalizer test. he also has a possesion of drugs charge pending in another county and was out on bond when the DUI occurred. he goes to court on the possesion charge on the 8th and the DUI charge on the 15th. what jail time could he get?

buffyfan.angel said:

my friend in florida was stopped for doing 82 in 55 zone. he already has his licence suspended (d-6). he was charged with DUI it is his 3rd offense even though he refused the breathalizer test. he also has a possesion of drugs charge pending in another county and was out on bond when the DUI occurred. he goes to court on the possesion charge on the 8th and the DUI charge on the 15th. what jail time could he get?

Click to expand...

My response:

Hopefully, a Firing Squad.


IAAL

could you be a little more specific

what should he do legally?

My response:

"Legally" to accomplish what ?

Your friend is a three-time loser and a druggy. There's nothing that can be done. He's going away for a very long time.

The best thing you can do is make new, and a better grade of, friends.

IAAL

What do you mean "what should he do legally"?

be more specific on amount of time please....

My response:

28 years.

Don't wait for him.

IAAL

3rd offense felony dwi, they will most likely get 6 months. As far as the drug charges, we need more info. i.e. what drug, how much, etc.

FKNA said:

3rd offense felony dwi, they will most likely get 6 months. As far as the drug charges, we need more info. i.e. what drug, how much, etc.

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My response:

Yeah, right. 6 months for a 3rd felony. What world are you living in FKNA ?

Please, go back to drinking on the lake.

IAAL

felony????

i thought 3rd offense for DUI was still a misdemeanor. as far as the drug charge it is felony possesion of $20 worth of crack cocaine.

Lets see... According to the FL Criminal Code:

3rd time DUI:
316.193 Driving under the influence; penalties.--
"(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:
1. By a fine of:
a. Not less than $250 or more than $500 for a first conviction.
b. Not less than $500 or more than $1,000 for a second conviction.
c. Not less than $1,000 or more than $2,500 for a third conviction; and

2. By imprisonment for:
a. Not more than 6 months for a first conviction.
b. Not more than 9 months for a second conviction.
c. Not more than 12 months for a third conviction. "
Sourc: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/Sec193.htm

As for the drug punishment, there is a full range of different offenses that each have different punishment. You would have to know what he was actually charged with. Then, once you know that, you can see what the appropriate sentence is by looking for it at:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0921/SEC0012.HTM&Title=->2001->Ch0921->Section%200012

I AM ALWAYS LIABLE said:

My response:

Yeah, right. 6 months for a 3rd felony. What world are you living in FKNA ?

Please, go back to drinking on the lake.

IAAL

Click to expand...

The REAL world. You should check it out sometime. Btw, Halket was kind enough to post the criminal code. "Not more than 12 months for a third conviction"

Halket...

Do you have a link to Ohio criminal codes? Particularly pertaining to 2 offenses within seven years in Michigan. I'm currently living in Ohio. My first offense in MI was with a MI liscense. My 2nd in MI was with my Ohio liscense. No one from municipal court or BMV have been able to provide me with an understanding of how this will affect me in Ohio. I'm told the Secratary of the state will display my one year suspension on a national database. I'm also told it could be a significant amount of time before the MI court system will forward my court results to OH. I met all the MI court requirements with the exception of the one year suspension. Can I drive in OH prior to my one year suspension is up in MI or do you know where I can find that info?

IAAL, I noticed the following. "Last edited by m martin on 01-04-2002 at 11:16 AM"

What's up with that? You have pretty much portrayed yourself as one of the owners of the board. Why is someone else editing your posts?

Overdose the dumbass, and all save a lot of money.