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Hypothetical Scenerio! Taking guesses at result! Will give answer Tuesday! :)

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DUIAttyPCho

Member
California. Los Angeles County. In California, all DUIs within the 10 year window are priorable. A 4th DUI and up are treated as Felonies even without any accident or injuries.

Hypothetical: Felony DUI. 3 priors within the 10 year window. 2 of which are Felony DUI pleas. The most recent prior defendant gets a prison term, but it was stayed. Defendant successfully completed probation on last prior. Has 2 more prior DUIs, but they are outside the window, so not priorable. So in total, defendant has 5 prior DUIs, 3 of which are misdemeanors, and 2 of which are Felony DUIs. And the kicker? He's got ANOTHER OPEN FELONY DUI CASE IN ANOTHER COURTHOUSE on top of the current open Felony DUI he has going currently.

Anybody want to make an educated guess as to what is the likely sentence for someone in this situation?
 


S

sandyclaus

Senior Member
He'd be sentenced as a felony because this would be his 4th offense in 10 years.

He would receive a sentence of 180 days in jail in addition to fines, assessments, penalties, and probation. The driver will be required to participate in an 18-month alcohol education program and faces a four-year driver's license suspension. A restricted license may be obtained after three years.

My question is whether or not the prison term he received before which was stayed would be added on to his current sentence or not?

Well, that's my guess anyway.
 
D

DUIAttyPCho

Member
They could add the stay of his prison term to his sentence assuming that he is on felony probation. Felony probation is 3 to 5 years. Technically, in total this is his Sixth DUI, and he has a 7th DUI coming up soon. The sentence you recommend will be a gift for the defendant in this hypothetical.

:)
 
C

Captian Picard

Member
No sentence at all. He will be found not guilty at his next trial. He also will present evidence that he has an organ that produces ethanol that is a mutation.

A mutation that he has had since birth ... attached to the liver, it converts glucose to ethanol and other products. Since he was born with this mutant organ his body has grown accustomed to a high level of blood alcohol. With this environment, he is not affected by the high ethanol level in his system (5 experts testify that while the defendant's system does contain ethanol he has basically become immune to the effects of alcohol and that the defendant does not consume any alcohol; the source of the material is internal).

The court will rule that the law's purpose is to prevent impaired drivers from being on the road and that the BAC is a test the legislature has put a value on as prima facia evidence of violating the law but the defendant has presented enough evidence to rebut the prima facia evidence.
 
C

Captian Picard

Member
DUIAttyPCho said:
California. Los Angeles County. In California, all DUIs within the 10 year window are priorable. A 4th DUI and up are treated as Felonies even without any accident or injuries.

Hypothetical: Felony DUI. 3 priors within the 10 year window. 2 of which are Felony DUI pleas. The most recent prior defendant gets a prison term, but it was stayed. Defendant successfully completed probation on last prior. Has 2 more prior DUIs, but they are outside the window, so not priorable. So in total, defendant has 5 prior DUIs, 3 of which are misdemeanors, and 2 of which are Felony DUIs. And the kicker? He's got ANOTHER OPEN FELONY DUI CASE IN ANOTHER COURTHOUSE on top of the current open Felony DUI he has going currently.

Anybody want to make an educated guess as to what is the likely sentence for someone in this situation?
Click to expand...
Oh yes, and the Governor pardons him for priors and so does the President.
 
I

Isis1

Senior Member
i think Cho has found our town idiot. thanks for introducing yourself so we don't have to point you out. CaptAIN. :rolleyes::rolleyes:

how many probation violations, Cho? these are straight DUI's? no accidents? no property damage?
 
S

sandyclaus

Senior Member
DUIAttyPCho said:
They could add the stay of his prison term to his sentence assuming that he is on felony probation. Felony probation is 3 to 5 years. Technically, in total this is his Sixth DUI, and he has a 7th DUI coming up soon. The sentence you recommend will be a gift for the defendant in this hypothetical.

:)
Click to expand...
oooooo, I think I got it.

Does the "Three Strikes" Law apply here? 3rd felony conviction=Life in Prison w/o the possibility of parole? I know it's supposed to apply to habitual felony offenders. And if someone is getting 7 DUIs in a span of just over 10 years, well... the GIFT is that no one got injured or worse so far.

Just so you know, these are strictly guesses based on the research I can find on the subject matter. I know little to nothing on the subject itself.
 
D

DUIAttyPCho

Member
You can't really get a Strike for a DUI as it is not considered serious or violent(assuming no one has any Great Bodily Injury or Death). But, you are kind of on the right track SandyClaus. One of the Felonies in this hypothetical does have an enhancement that attaches as one of them was a DUI with injury. That same one also had a prison prior attached to it, which adds some more time.

So realistically, the best a client could get in this scenerio is 3 years. He'll probably get that if he's lucky. But I think he's probably looking at 6 years. Worst case scenerio 8 years.

So a lesson to you all: Whatever you do, please do not get so many DUIs that it becomes a Felony! 7 DUIs is way too many!
 
I

Isis1

Senior Member
DUIAttyPCho said:
You can't really get a Strike for a DUI as it is not considered serious or violent(assuming no one has any Great Bodily Injury or Death). But, you are kind of on the right track SandyClaus. One of the Felonies in this hypothetical does have an enhancement that attaches as one of them was a DUI with injury. That same one also had a prison prior attached to it, which adds some more time.

So realistically, the best a client could get in this scenerio is 3 years. He'll probably get that if he's lucky. But I think he's probably looking at 6 years. Worst case scenerio 8 years.

So a lesson to you all: Whatever you do, please do not get so many DUIs that it becomes a Felony! 7 DUIs is way too many!
Click to expand...
I'm going with one DUI is too many :)
 
D

DUIAttyPCho

Member
My assessment is that most likely the defendant in this situation will be getting 6 years Prison. 3 years of which he will have to serve actually.
I can have give you a more specific outcome on a future date. Stay tuned.
 
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