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Just a question about DUI's. My exAB got another DUI a week ago, apparently this is like the 7th one ( I would say within 10 years). I don't know the time frame, but I do know he's had 2 in 2 years. I've tried googling questions about DUI's and what the possible outcome could be. I'm just wondering if anyone (in California) has had a few DUI's o knows of someone who went through a situation, and what was the punishment? Fines? He's pretty sure he's going to jail. I said possibly his lawyer could work out 90 days in rehab in place of jail time. He first has to find a lawyer to have that conversation.
I'm just wondering for my own information. I have separated from him, no contact. So it's best if I don't converse with him at all.
2 things come to mind .. how good is his attorney AND it depends on the state. It also depends on the judge .. I know someone in Idaho who had many DUI's did time in both jail as well as prison .. however it blew my mind each time he managed to get out shorter than you would have thought .. what the Judge saw was an educated man who had the terminally I don't belong here going on .. I call the kind of luck the luck of a lucktard .. don't ask it's a term I coined with a friend of mine .. some people have it some don't.
I can tell you that in IL if he had that many he would actually be in prison for a time .. probably out for good behavior in a shorter time. Probably not jail .. he'd be looking at actual prison and felony DUI. I used to think CA had the toughest laws it turns out that is not the case.
Hope that helped some .. hugs S :)
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Faith minus vulnerability and mystery equals extremism. If you've got all the answers, then don't call what you do "faith". - Brene Brown
"Whatever truth you own doesn't own you" - Gary John Bishop
I would say thank God he doesn't live in Arizona. My son did 2 1/2 years for his 3 DUI and if he had gotten one more it would be at least 7 years. He also lost his license for 3 years and after he did get it back had to have a Interlocking Device for 2 years. Oh and two of the DUI's were felonies so it was very difficult to get work. Also 18,000.00 for the DUI's in fines
California
If no one is injured or killed as a result of the DUI, the minimum penalties a judge will impose for a second DUI conviction (within 10 years of the first DUI) include the following:
a $390 fine plus penalty assessments for a total of approximately $1,800
ten days or 96 hours (including two 48-hour sessions) in jail
completion of an 18- or 30-month second-offender alcohol-treatment program, which costs about $1,800, as a condition of probation. You must complete this program if you ever want to drive again. Enrollment in this program also allows you to reduce the two-year suspension to one year, followed by a two-year license restriction that allows you to drive to, from, and in your work, and to and from the programafter the first year of suspension, and
installation of an interlock device on all vehicles you own .
The maximum penalties for a misdemeanor second conviction within ten years of a prior conviction (counted from the date of the previous offense to the date of the second offense) include: a $1,000 fine plus penalty assessments for a total of approximately $3,000, one year in jail, a two-year license suspension by the DMV, impoundment of your vehicle for up to 30 days at your expense, and
required installation of an interlock device on all vehicles you own.
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That's a good question. How good is his lawyer. I believe he is far past the slap on the wrist. This is his 2nd in 2 years, but he's had so many in a period of time. Some people just get lucky. I like your expression. My cousin has had 5. He had to do time in jail, and have the machine installed in his car, and his license was suspended. The sad part is my exab just got his license back. Ill probably never know what happens. Such a shame.
I would say thank God he doesn't live in Arizona. My son did 2 1/2 years for his 3 DUI and if he had gotten one more it would be at least 7 years. He also lost his license for 3 years and after he did get it back had to have a Interlocking Device for 2 years. Oh and two of the DUI's were felonies so it was very difficult to get work. Also 18,000.00 for the DUI's in fines
California
If no one is injured or killed as a result of the DUI, the minimum penalties a judge will impose for a second DUI conviction (within 10 years of the first DUI) include the following:
a $390 fine plus penalty assessments for a total of approximately $1,800 ten days or 96 hours (including two 48-hour sessions) in jail completion of an 18- or 30-month second-offender alcohol-treatment program, which costs about $1,800, as a condition of probation. You must complete this program if you ever want to drive again. Enrollment in this program also allows you to reduce the two-year suspension to one year, followed by a two-year license restriction that allows you to drive to, from, and in your work, and to and from the programafter the first year of suspension, and installation of an interlock device on all vehicles you own .
The maximum penalties for a misdemeanor second conviction within ten years of a prior conviction (counted from the date of the previous offense to the date of the second offense) include: a $1,000 fine plus penalty assessments for a total of approximately $3,000, one year in jail, a two-year license suspension by the DMV, impoundment of your vehicle for up to 30 days at your expense, and
required installation of an interlock device on all vehicles you own.
Wow! 2 1/2 years? I read those posts online that you quoted, and he's actually going through one of the 18 month dui programs now. Something tells me he won't do jail time, but hey I could be wrong. It still won't get him sober.
In KS (my state), it all depends - as they say....$$ talks. My cousin was facing felony charges and jail time for her 3rd DUI and got out of it with one year of probation. I was very disappointed as she needs to be taken off the roads and suffer the consequences of her actions/choices. I accepted the outcome but did question it deeply...our court system also enables folks - just MHO...
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Practice the PAUSE...Pause before judging. Pause before assuming. Pause before accusing. Pause whenever you are about to react harshly and you will avoid doing and saying things you will later regret. ~~~~ Lori Deschene
You know I know this is not alanon and off topic a bit however my belief is that DUI's and Addiction are money making for the State and that is whatever State they are in.
My XBIL made one go away for 35k so I am in complete agreement .. money talks .. unfortunately it seems to be that way in general in the judicial system and it is about who you know and so on.
My X has had 3 DUI's .. 1 counted when he was 18/19 serving in the military he got a bad conduct discharge. The 2nd was about the time he was 28 and in CA that one went "away" because he did what was necessary and the other one didn't show up .. most states now run a report that shows if there are any DUI's and it doesn't matter where they were.
The last one was reduced because of the attorney dragging out the proceeding for over a year .. the attorney figured out how to beat the system .. he has so many repeat offenders that is strictly what he does in his practice it makes me physically ill to think about because we are not talking about a big city.
That last DUI cost my X a LOT as in even if you take out the 2500$ for the attorney that his dad paid for .. we are talking at min 12k it would have been a WHOLE lot more if I had agreed to the blower being put in MY van so he could drive .. actually we would have had to pay for 2 because whatever cars you have that's how many need to be installed. So I am collateral damage even IF it's not even MY DUI. Then you think attorney fees for the divorce, what's on his record now, fines for TRO violation and so on .. alimony for 5 years, child support for 12 years .. what did it cost my X?? A WHOLE LOT more than 12k. Oh he lost his license for a year and I paid for that as well it was MY fault because I wouldn't agree to the blower deal. He wore a scram bracelet and that's where the script drugs came into play.
There is no real support or encouragement for someone to seek treatment and NOT be a repeat offender. I really believe that the whole money making business of addiction doesn't look at the core issues or handle them very well because the State is counting on the fact this is a revenue generating deal .. it's horribly sad.
Just my opinion and I apologize if this isn't on point of our group.
Hugs S :)
__________________
Faith minus vulnerability and mystery equals extremism. If you've got all the answers, then don't call what you do "faith". - Brene Brown
"Whatever truth you own doesn't own you" - Gary John Bishop
Thank you so much for your insight. I completely agree with you. Although I agree with the punishment, it doesn't fit the crime. Alcoholics need so much more of an intervention, but I guess that govnt just believes that they will hit them where it hurts.....in the pocket book. He's drowning in debt, with is increasing his drinking. Sad, Sad.
