second DUI

[CdwJava]

Weekends I could live with. But if they didn't give me that option, how much jail time would you think ? two weeks ? thirty days ? Or more

<very sad face>

In THEORY 6 months ... in reality, not nearly that long. What the sentencing policy is in your area I cannot say. I would imagine you'd be looking at several days rather than anything more, but if a second offense yu might actually suffer some time in custody.

 

[DUIAttyPCho]

What County are you in? Also, what court are you scheduled to go to? Sentencing varies depending on what County you are in. But if you tell me the County and Court, I can tell you what you will most likely get. If you can get me the Court Division Number/Letter depending on which way they go, that would be great too. Also, as said above, ignition interlock depends on the County also. Some Courts order it, but not unless its a pretty aggravating case. As far as jail time is concerned, it also depends on what County you are in. Sentencing varies widely from County to County and Court to Court. So give me that info, and I can at least tell you what the most likely scenerio is.

Note: I've been to virtually all of the Courts up and down California, so I pretty much know what you will get for your situation. If I don't know I can ask a local attorney there and get the info for you.

Much Luck!

 

[usps]

Just got out of court.

The judge gave me 10 days in jail, one of which I already have credit for, and I get to serve them on Sundays.

Fine is 1950 dollars.

9 months DUI classes

1 AA meeting per week for six months.

Not eligable for restricted license by judges order.

Restitution for the damaged sign is covered by my insurance.

I'm surprised as heck that the judge didn't order any community service.



<relieved that the wait-and-see is all over>

thanks for all help

 

[DUIAttyPCho]

That's pretty good, although I'm surprised he gave you ten days jail!
Was it for High BAC? Fines, DUI classes, and AAs not a surprise, but why no
Restricted license by order of judge? There was no refusal. Check with DMV
about restricted license. You should be eligible for a first time DUI.

By the way, you plead to a first right? Not a second? Also, what County was it?

 

[usps]

I imagine the 10 days in jail was for a combination of things. My BAC was three times the legal limit plus I hit a street sign which could have easily been a person. The judge seemed concerned about letting me drive even with a restricted license so he issued something to the DMV (not sure what it was) to let them know not to give me a restricted license. I really don't blame him and I don't have any complaints. My DMV hearing is on the 7th so I'll see what they say, I don't think they'll give me a rest. license though.

 

[Isis1]

I imagine the 10 days in jail was for a combination of things. My BAC was three times the legal limit plus I hit a street sign which could have easily been a person. The judge seemed concerned about letting me drive even with a restricted license so he issued something to the DMV (not sure what it was) to let them know not to give me a restricted license. I really don't blame him and I don't have any complaints. My DMV hearing is on the 7th so I'll see what they say, I don't think they'll give me a rest. license though.

like PCho stated, i also thought that was a little off. the suspended license for a year. as i've been open about this before, i hit three parked cars and i was granted a restricted license. but then, it's still a privilege. i know i got 15 days, but i only served a day and a half. the DA told me i'd be out by the next day. yeah, i got a revolving door.

keep with the program. good luck. and be careful.

 

[usps]

thanks. Honestly, I think this DUI was exactly what I needed to get my **s in gear. Awaiting trial over the last month has been terrible. I'm glad I didn't hurt anyone, but the possibility of my son not being able to spend time with me for a long time (me going to jail...or prison if I hurt someone) was the most depressing thought I've ever had to endure.

 

[Isis1]

thanks. Honestly, I think this DUI was exactly what I needed to get my **s in gear. Awaiting trial over the last month has been terrible. I'm glad I didn't hurt anyone, but the possibility of my son not being able to spend time with me for a long time (me going to jail...or prison if I hurt someone) was the most depressing thought I've ever had to endure.

Yeah it gets you like that. Someone has to knock you over the head with your kids. My DUI class did that to me. It was almost ten years ago. Still makes me nauseous to think about it.

 

[Captian Picard]

it's still a privilege

Its actually a right ; one that you can lose, like most rights ...

 

[CdwJava]

Its actually a right ; one that you can lose, like most rights ...

FYI - driving is not a "right." Thus far it has been defined as a privilege and not a right. The CVC even mentions the word "privilege" numerous times when referring to a person's driver's license as in, "the privilege of a person to drive a motor vehicle."

 

[HighwayMan]

Its actually a right ; one that you can lose, like most rights ...

Maybe it's a right on Deneb 5, but not here, Cap.

 

[DUIAttyPCho]

You may want to check with Star Fleet on that Captain. Or I'm sure Data can answer that for you. As far as Earth is concerned, it's a privilege, not a right. No country on Earth classifies driving as a right. No Country in their right mind would make driving a right. Do you know how difficult it would be to take away somone's license if it was a right? Very very difficult. And most law abiding citizens wouldn't want it to be a right anyway. Too many maniacs on the road!