on summary probation for 5yrs but I got a dui, my 4th recently.
I completed 4yrs of my summary probation before this incident.
Free legal advice is surely appreciated. I'm low on money.
2007-03-19 15:08:20 · 15 answers · asked by slk 1 in Politics & Government ➔ Law Enforcement & Police
In California, if you are arrested for a DUI, and have been convicted of three DUI's within the last 10 years, you face about six months to a year in either jail or state prison if convicted of the latest offense. In fact, the fourth DUI arrest following three DUI convictions is a felony under California Vehicle Code §23550. If you want to avoid the prison time, a felony conviction, and being classified as habitual traffic offender by the DMV for the next three years, it may be in your best interest to hire a private attorney versus having the public defender on your side in the courtroom. On the other hand, it would take six months just to get you to a jury trial in Los Angeles County Superior Court. But you can always waive your time and exercise your right to a speedy trial. I wish you the best of luck.
2007-03-19 19:04:51 · answer #1 · answered by Pablo Rueben 3 · 0⤊ 1⤋
How many times before have you received residential treatment instead of jail time? This may play a big role in what the judge decides this time. Also, was anybody injured or others property damaged during the accident? Another question, how did you happen to have a license and insurance to be legally driving at the time of this 4th accident? It may be that you actually need some jail time to break this cycle of dui arrests. Just because you have only been caught 4 times, is no reason to believe you haven't been lucky enough to get away with driving under the influence countless times. It is time to consider treatment for alcoholism, seriously, before you kill someone and wind up in prison for manslaughter.
2007-03-19 15:19:55 · answer #2 · answered by Country girl 7 · 4⤊ 0⤋
You will probably be given jail time unless you have an outstanding lawyer and a substantial amount of money to spend on legal costs.
My advice...do the time...you'll probably end up serving something like 8 months. Try to get the judge to mandate counseling while you're incarcerated. You sure need it and it'll be free. Also ...when you finish your sentence you'll have been sober for 8 months.....that's a good start. More than anything you need to recognize that you're an alcoholic and have no chance for a normal life unless you stay completely sober for the remainder of it.
8 months in jail may be tough, but it sounds like it may also be the "bottom" you need to break through the denial. Stay completely sober and in 25 years you may retrospectively view the incarceration as a positive turning point in your life. Some others who have experienced similar situations have years later expressed a "blessing in disguise" kind of personal thankfulness.
2007-03-19 15:30:30 · answer #3 · answered by Luv W 1 · 1⤊ 0⤋
I think after the 4th DUI you need to do time and learn your lesson, before you murder someone's child, father, mother, sister, ect. Drunk driving kills and getting behind the wheel of a car demonstrates a total disregard for human life. Have to say I'm having a hard time feeling sympathy for you. It's about time you hit rock bottom .
2007-03-19 15:14:14 · answer #4 · answered by Julia Sugarbaker 7 · 2⤊ 0⤋
I don't know the law but I do know that morally you should spend about 4 yrs in prison. I know people who are in prison for much less crimes than you've committed. I used to drink a lot but I didn't drive while drinking. It doesn't take much to just make that decision. Drink all you want, ruin your liver but you don't have the right to be on the road. Obviously treatment has not helped before, why should it now? Prison time might before you kill someone and spend the rest of your life in prison.
2007-03-19 15:13:19 · answer #5 · answered by Chloe 6 · 3⤊ 1⤋
This is your 4th DUI w/accident and you honestly think they will give you residential treatment in lieu of jail time? You obviously haven't learned your lesson and your not going to. How many people to you have to injure or kill before it all sinks in? I hope you ROT in prison!
2007-03-19 15:14:52 · answer #6 · answered by Anonymous · 2⤊ 1⤋
i live in kansas. my father in law has at least 4 DUI's in this state and fled to another state because of it. he completed treatment programs and even did time in county for it. well, they caught him in that other state tonight and extradited his butt back here. we're pretty sure that he is going to prison for a while. the same will probably happen to you. good luck.
2007-03-19 15:50:24 · answer #7 · answered by redpeach_mi 7 · 0⤊ 1⤋
Quite frankly you should have been in jail a couple of DUI's ago.
2007-03-19 15:24:28 · answer #8 · answered by Χαλαρά 7 · 3⤊ 0⤋
I sure hope not. You got drunk anddrove and hurt someone and you expect to be given a slap on the wrist. I hope they throw you in jail for decades, not years.
2007-03-19 15:17:09 · answer #9 · answered by judy_r8 6 · 3⤊ 0⤋
You should be denied the right to exist for having that many DUI's and not learning your lesson.
2007-03-19 15:12:11 · answer #10 · answered by Anonymous · 3⤊ 2⤋