She was admitted into hospital, recovered. What is going to happen now? Is she going to have to go to jail? Felony on her record? She lives in CA.
2007-10-23 12:32:15 · 14 answers · asked by lifeagent 2 in Politics & Government ➔ Law Enforcement & Police
I am not sure who went to the hospital. If the OTHER person was not injured, this will probably be treated as an ordinary DUI (Veh. Code sec. 23152), though restitution will certainly be a condition of probation. If the other person was not injured, this is NOT a felony--blood alcohol level has nothing to do with whether an offense is a felony or a misdemeanor.
If in addition to the DUI the driver did any act or neglected any duty (which is likely if she ran into somebody), and any person OTHER THAN the driver suffered "bodily injury," then that was a violation of Vehicle Code section 23153. The charge can be filed as either a misdemeanor or a felony. How the prosecutor treats it will depend upon things like her prior record, including driving, and the extent of the injuries.
Whether it is filed as a felony or misdemeanor, if probation is granted (and it usually is) there is a mandatory 5 days in jail. The fine will be in the area of $1,900. There is a one year driver's license suspension and mandatory counseling (at .20 or higher, at least 60 hours).
In any case, she needs a lawyer. If she cannot afford to pay counsel, she is entitled to have an attorney appointed for her.
2007-10-25 09:16:27 · answer #1 · answered by Anonymous · 1⤊ 1⤋
I doubt she was .25, a woman at .25 would likely be unconcious, definitely unable to drive or even walk. Below is the link to back that up. if she was, or anywhere close to it, that is more than three times the legal limit and she can expect an indefinite license suspension, a felony record, and a likely 2-5 year jail sentence, though she'll likely only have to serve about 6 months of it, the rest will be paroled if she behaves well.
2007-10-23 13:13:03 · answer #2 · answered by Josh 6 · 0⤊ 0⤋
I sincerely hope she has learned from her mistake (if it was the first time she has driven under the influence) and makes some seriously more mature decisions in her life. Coming from a mother, if she only has to pay some money, have a felony on her record and probably lengthily probation period, she should consider herself very lucky. She could have ended her life that day, or worse yet, hit someones child, brother, sister, mother, father......maybe yours. I REALLY hope that you have both learned something from all of this and make better choices for yourselves since you seem to be more worried about the Felony she 'could' get instead of the lives that she 'could have' taken. Best wishes though, - from someones mother. :(
2007-10-23 12:47:40 · answer #3 · answered by Cindy Lou 1 · 2⤊ 0⤋
If it was her first time and she is not on parole or probation, she will probably be put on probation, have several thousand $'s in fines and have to complete some kind of alcohol awareness program. Jail time is possible, but not likely for a 1st time.
2007-10-23 14:15:50 · answer #4 · answered by Scott B 4 · 0⤊ 0⤋
0.25... are you serious? I hope they throw her *** in jail or at least take her license away for 35 years. Good thing she didn't kill someone this time.
But on a serious note:
yes, it is a felony. Jail time will be up to the judge.
2007-10-23 14:06:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Its a misdemeanor if nobody was injured. Any injuries to anyone other than herself and its a felony.
Since she was admitted, the cops probably just wrote a report for DA review. If the DA likes the report and evidence then they will file on it.
2007-10-23 13:19:32 · answer #6 · answered by California Street Cop 6 · 0⤊ 0⤋
a minimum of the position I stay, it would not matter who change into driving the vehicle, so long because the vehicle is insured. in case your vehicle change into insured on the time, you're not to any extent further to blame, tell that woman (leech) and her lawyer to deal without delay which includes your coverage. enable them deal with it, in spite of everything, it really is why you pay rates for. also, coverage agencies have legal experts who can help ensure if that woman's case is even a valid one.
2016-10-22 21:57:06 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i was charged with felony dui my first dui charge of dui i hit a nother drunk driver and the 2 of us spent 3 days in jail the da is yet to garge me. what should i do next ?
2013-11-25 21:01:14 · answer #8 · answered by David 1 · 0⤊ 0⤋
She may go to jail, depends on the state DUI laws. If so, it won't be for a long period of time.
2007-10-23 12:38:08 · answer #9 · answered by PM4 3 · 0⤊ 0⤋
i dont know about cali, but it is automatic 48 hours in jail, lose license for 1 year, community service, and lots of fines for first offence in tennessee....
here is a link that should have the laws for cali... http://www.california-drunkdriving.org/
2007-10-23 16:14:34 · answer #10 · answered by firechick1721 6 · 0⤊ 0⤋