What are we looking at here?

[Rwedunyet]

What is the name of your state (only U.S. law)? North Carolina

My brother got his first DUI and a simple possession (pot) a little over 10 years ago. He lost his license for a year.

In early 2010, he got his second DUI, paid a fine, had to go to AA meetings for one year, lost his license for a year (got restricted privileges back pretty quick)

In late 2011, shortly after his probation was over, he got his third DUI. Again, he paid a fine, had to go to AA meetings, this time served 30 days, but was able to serve in on the weekends and four years parole.

Last week, he got another DUI. He blew a .9 . He was riding a moped that had a higher power than was allowed and needed to be a legally registered and liscense vehicle. His accident involved only himself and an unfortunate deer. He was no cooperative with the police and refused to blow. His level was determined by bloodwork at the hospital. He spent some time in ICU, but has had a nice recovery and should be discharged tomorrow.

In NC, with him having three DUI in such a quick series, would he be charged with felony habitual dui?

Is there anything that his family can do to see that he is severely sentenced and would a severe sentence open up more help/rehab options for him?

any other tips or suggestions would be helpful. There is much much drama involved here, including his young son at the moment. My family is so tired and frustrated and terrified for both my brother and his son.

 

[Rwedunyet]

anyone?

also, to correct myself**************.He did NOT blow at the hospital, it was blood work that revealed his alcohol level. He refused to blow for the police. The results were what came back from the hospital bloodwork, but the results will not be back from the state lab for a couple weeks.

Can the results from the hospital not be used?

Is rehab something that will be included in the sentencing? if not, where would the family go to see what to ask for?

I dont want him to get out on this one. He's had a "slap on the wrist" so many times already. We are terrified that he is going to hurt someone next time.

anyone that has any experience in this?

 

[FlyingRon]

A .9 he is unlikely to survive from. Likely a .09. He needs a lawyer and serious (not just the ineffectual AA which he doesn't seem to be even to live up to on the short term).

I assume that he had a permanent loss of license from racking up the three duis in quick succession. Did they write him up for driving the not-quite-a-moped cycle?

Anyhow, he most likely will be charged with Habitual Impaired Driving. This is a felony and he's unlikely to get the weekend treatment but face real prison time (it carries a year minimum).

 

[Proserpina]

OP, I have to give you and your family some credit here.

So SO often we get family members posting and wanting to know how their multiple offender relative can get OUT of severe punishment. Kudos to you for realizing this IS incredibly serious, and for wanting him to face the reality.

And I mean that, sincerely.

 

[Rwedunyet]

A .9 he is unlikely to survive from. Likely a .09. He needs a lawyer and serious (not just the ineffectual AA which he doesn't seem to be even to live up to on the short term).

I assume that he had a permanent loss of license from racking up the three duis in quick succession. Did they write him up for driving the not-quite-a-moped cycle?

Anyhow, he most likely will be charged with Habitual Impaired Driving. This is a felony and he's unlikely to get the weekend treatment but face real prison time (it carries a year minimum).

Yes, a .09 (sorry).

No, he was not on a permanent loss of license. He was on a four year revocation. So far, he has not been written up on ANYTHING, all the charges are to be filed once the bloodwork is back.

He's been slapped on the wrist everytime he has broken the law....thru all the DUI's and a possession charge, he has only served 30 days and that was done only on weekends. I am pretty fed up with the excuses that have been offered to him thru both the legal system and my family (I am guilty, too).

I want forced in house rehab....I know forced rehab doesnt usually work, they need to WANT help first, but I am desperate.

Once put in a regular room, the nursing staff found him with his GF in bed with him. She'd snuck in a flask of "juice". He was discharged and decided to go to his own house to recover, instead of going to my mothers until he is arrrested. He idea was that his family could "rotate" staying with him until he could care for himself. I will not be doing so. His idiot GF can wipe his butt.

However, it's been brought to our attention that he is drinking heavily while taking the pain meds. I told him this was dangerous and he could kill himself......and he said he "didnt care at all, it would solve alot of troubles."

I contacted the parole officer, seeking guidance but havent had a call back yet. It is the day after Thanksgiving. Could I request a Psych eval? I'm going to try back in just a little bit and see what he says.

Also, my brother says that he will pay the rest of his fines, and complete his "classes" before he is arrested, and since this will not go to court for awhile, he will be found guilty AFTER he is off probation, so he cannot be charged with a parole violation. Surely, he is mistaken?

 

[FlyingRon]

Let me rephrase, his forced rehab is going to be a year in the state penn on the habitual drunk driving conviction.
This isn't going to be some "rehabilitiation" Your relative is a dangerous sociopath.

 

[Rwedunyet]

Let me rephrase, his forced rehab is going to be a year in the state penn on the habitual drunk driving conviction.
This isn't going to be some "rehabilitiation" Your relative is a dangerous sociopath.

He needs to go to prison, and he is a sociopath, although I had to catch myself**************..someone calling my baby brother ugly names ALMOST got my temper up, until I remembered that my brother is an drunken fool and that you are right. Honestly, with all the aggravating circumstances here, I am hoping he will get longer than a year.

My boys are teenagers and are driving now. It's so scary.

I see your point there. It's not the states job to rehab him. Hopefully a year worth of drying up will help him. I've found a forum for families of drunks (they word it nicer). Perhaps they can give me some insight on further rehab to show him after he serves his time.

Thank you for your help and clarifications here. I do appreciate it.

 

[fcwedd]

I don't know the law, but I can tell you what happened to my friend's cousin after his recent 4th DUI in the State of Michigan.

His first DUI was over 10 years ago (I think). He probably paid over 10,000 in fee, court fee, and all other sorts of stuff.

His second was years ago, too. Same sentencing (I think) with more fees.

His third was about 2 years ago. More fees. However, this time there was some jail time. I think he was sentenced to 6 months. He served only a few because he did have a steady job.

His fourth was only a few months ago. He got 1 year in jail. He's there now.


What was interesting about the 4th DUI was talk of joining the military. My friend's cousin isn't a drunk. He's a strong and well spoken young man. When he drinks, however, he doesn't think. The attorneys talked of him joining the military instead of serving time. However, after thinking about it for several weeks, he chose jail.

I didn't know they did this type of thing.

 

[Zigner]

The attorneys talked of him joining the military instead of serving time. However, after thinking about it for several weeks, he chose jail.

I suspect they didn't bother consulting with "the military" about this "plan"

 

[Rwedunyet]

Our military should not be a babysitting service to drunks. Sorry.

Update:

My brother was served, but not arressted. I contacted is PO again this afternoon and got the following info. They are not willing to arrest him because he has a "broken leg". She told me that jail "would not accept him" in the condition he is in, because he would be a liability to the jail.

She also told me that our state lab is seriously backlogged, and that she didnt expect this to even go to trail for a year. Thats ONE freakin' year. She also said that our jails are so crowded that if my brother shows intent to improve himself, he will be granted some form of leniency.

My brother plays the system well, and already signed up for another round of the same "classes" that havent helped him for the 10 years he's been attending. He's been playing the system for a decade now.

I am so frustrated and angry. Four DUI's. He's gonna kill someone if he is not stopped.

He is refusing inhouse treatment, laughing and saying that once he gets this one over with, all he has to do is not get caught again.

Is there ANYTHING we can do? anything?

 

[FlyingRon]

There's no requirement that they arrest people charged and take them to jail. If they figure they know where to find the guy, they can be pretty cavalier. They have a year to EVEN charge him. Several month's delays are not uncommon. After he is charged, his lawyer can argue for a speedy trial if he desires, but you have ZERO rights in this prosecution, so you'll just have to live with it.

He's deluding himself. Despite the apparent lack of urgency on the state's part, he's looking at some serious consequences here.

 

[Rwedunyet]

well, FlyingRon, that was NOT what I wanted to hear, but I do appreciate your honesty.

There will be no speedy trial if my brother has anything to do with it. He intends to "make" his lawyer use every continuance available.

I guess now, we just wait. I have an appointment with the custody lawyer this afternoon, this could get ugly.

 

[Rwedunyet]

His parole officer quit and he was assigned a new parole officer. She is more attentive to the situation, and has been doing random home visits. When he goes in for a parole appointment, he goes in with a full leg immobilizer and a neck immobilizer. Not just a brace, but a full immobilzer that comes down his back and chest, its pretty serious looking. However, this new parole officer has done a few random home visits, to "get to know" her offenders, and was able to catch him sitting on his porch, not wearing any of his immobilizers and drinking a beer. I like this new PO. I got this information when I called in to contact the old PO. (the custody lawyer recommended that my family maintain a line of communication between the PO and ourselves). The PO told me that while she was not allowed to offer legal advice, she often wished that the families of offenders would contact the DA.

I put in a call to the DA and got an assistant who told me that the DA would want to speak with both me and my two sisters, and had me go to a recording to leave a number for a callback.

I am wondering if my family can be called to testify as character witnesses, and if we can testify as to the "story" he gave us about the wreck (brother fully intends to lie in court) and I look forward to talking with the DA on this.

Brother intends to have the charges dropped by stating that he was not driving and that the police found him laying in the ditch, wrecked and drunk because he had gotten drunk and asked a friend to drive him, but his friend wrecked and ran off afterwards. He called his ex to see if she would testify on his behalf and validate this story in court. She has NO intention of doing so.

My questions:

If brother goes forward with this crazy plan, could he be charged with perjury? is he only digging a deeper hole?

Does anyone know if a family can have a moment during a DUI trial to ask the judge for a harsh sentence? My mother, my two sisters, and myself would all like this opportunity.

Brother is now threatening suicide if he is arrested. He laughingly told me this afternoon that he was only doing it so that they would be less likely to arrest him because he would be more of a liability to the jail. Him threatening suicide would surely not cause an arrest to be avoided?

and (last one). Today he told me that the mother of the nephew in my care (the one in the custody situation) is threatening to take the child and "run off". She has a warrant on her for drugs and prostitution. Brother said he'd put a bullet in her head before she'd get his tax credits (meaning the tax money/credits that come with a dependant child). It worries me that he would actually do something, so I went ahead and notified the police dept., but should I also call his PO in the morning?

 

[ERAUPIKE]

If brother goes forward with this crazy plan, could he be charged with perjury? is he only digging a deeper hole?

He could be, but I doubt his attorney will allow him to try to blatantly lie in order to avoid these charges. He is going to need to produce some evidence that this "friend" was driving, crashed, and was able to flee the scene. He will need to produce this friend.

Does anyone know if a family can have a moment during a DUI trial to ask the judge for a harsh sentence? My mother, my two sisters, and myself would all like this opportunity.

Probably not, but it wouldn't hurt to talk with the DA and let him know how you feel.

Brother is now threatening suicide if he is arrested. He laughingly told me this afternoon that he was only doing it so that they would be less likely to arrest him because he would be more of a liability to the jail. Him threatening suicide would surely not cause an arrest to be avoided?

The have cells for people that feel like they want to harm themselves. In Florida, we have the Baker Act. You can commit someone who has threatened to harm themselves with an involuntary commitment to a secure facility for a mandatory period. You should find out if your state has a similar law and exercise your right. That will teach your brother not to joke around about harming himself.

Today he told me that the mother of the nephew in my care (the one in the custody situation) is threatening to take the child and "run off". She has a warrant on her for drugs and prostitution. Brother said he'd put a bullet in her head before she'd get his tax credits (meaning the tax money/credits that come with a dependant child). It worries me that he would actually do something, so I went ahead and notified the police dept., but should I also call his PO in the morning?

Honestly, you should cut all ties with your brother.

 

[Rwedunyet]

I am at a loss.

Brother was arrested again, this time for trespass and filing a false police report. And now, he may be charged with communicating threats, as well.

Will those also be probation violations?

How serious is the filing a false police report in NC?

I've taken emergency custody of my nephew, we went to our hearing yesterday, but it was continued. His PO and the DA have been contacted.

Is there ANYTHING else we (his family) can do? We are really worried he is going to hurt someone.