Habitual Violator caught driving and back in Jail. What are some of the possible outcomes?

[Mass_Shyster]

She said he went to the house she broke down in front of and asked them if she was driving, they said yes....that's hearsay....

That's not even close to hearsay. That's the statement of a witness.

If the officer testifies that "they said yes", that would constitute hearsay. If the people who live in the house she broke down in front of testify that "She was driving", that is the statement of a witness.

In Massachusetts, courts frequently allow hearsay to be admitted into evidence for probation violation and bail revocation hearings. I believe they do for parole hearings as well. GA is probably different.

 

[Zigner]

If the officer testifies that "they said yes", that would constitute hearsay. If the people who live in the house she broke down in front of testify that "She was driving", that is the statement of a witness.

Yes, that is true. I don't believe I said otherwise (perhaps you were just expanding on it?)

 

[Member2455]

I have another question. She refused the blood test. Had she consented, who would have taken the blood sample? Cops are not authorized to do this, correct? Do most jails have correctional nurses or someone authorized that they use?

 

[quincy]

I have another question. She refused the blood test. Had she consented, who would have taken the blood sample? Cops are not authorized to do this, correct? Do most jails have correctional nurses or someone authorized that they use?

A hospital.

 

[Shadowbunny]

I have another question. She refused the blood test. Had she consented, who would have taken the blood sample? Cops are not authorized to do this, correct? Do most jails have correctional nurses or someone authorized that they use?

I'm curious: why does it matter who would have taken the blood test?

You really need to cut bait and RUN. Run far, run fast.

 

[Just Blue]

I'm curious: why does it matter who would have taken the blood test?

You really need to cut bait and RUN. Run far, run fast.

 

[rangereric38]

I really have no idea what she could get, but if it's any help, I worked with a guy who picked up his 7th DUI in 10 years. Yep, 7th and he rear ended another car for the last one, although it was not a major accident. The judge sentenced him to EIGHT years in the prison. Once you get above 3 DUI' all bets are off and you are totally at the mercy of a judge. You could get anywhere from 1-10 years after 3. And more if you injure anyone. Call uber for crying out loud!

 

[quincy]

I really have no idea what she could get, but if it's any help, I worked with a guy who picked up his 7th DUI in 10 years. Yep, 7th and he rear ended another car for the last one, although it was not a major accident. The judge sentenced him to EIGHT years in the prison. Once you get above 3 DUI' all bets are off and you are totally at the mercy of a judge. You could get anywhere from 1-10 years after 3. And more if you injure anyone. Call uber for crying out loud!

Courts tend to show little mercy to habitual offenders.

 

[Just Blue]

I really have no idea what she could get, but if it's any help, I worked with a guy who picked up his 7th DUI in 10 years. Yep, 7th and he rear ended another car for the last one, although it was not a major accident. The judge sentenced him to EIGHT years in the prison. Once you get above 3 DUI' all bets are off and you are totally at the mercy of a judge. You could get anywhere from 1-10 years after 3. And more if you injure anyone. Call uber for crying out loud!

What state was your co-worker in when he was sentenced?