Does anyone know what the charge/fine is for a second DUI?
My brother in law got his second DUI last night (GEEZ). He got his first one under the age of 18... now he is 22. Does the punishment matter for the state (CA), or the circumstances... (he was in a drive thru and a cop went up to his window) or does anyone know where I can find out the info on pun...
My brother in law got his second DUI last night (GEEZ). He got his first one under the age of 18... now he is 22. Does the punishment matter for the state (CA), or the circumstances... (he was in a drive thru and a cop went up to his window) or does anyone know where I can find out the info on punishment? Asking because my guy really wants his brother to move to where we live and get out of that black hole of destruction that is our home town... lol. Anyways, I hope he learned his lesson, I'm thinking he might have to sale his 1999 Toyota Tacoma to pay the fine, which I thought was a universal ,000.00 for a seconf offense. BUT I would appreciate any info.
Your brother in law is not going to Pelican Bay State Prison for 12 years for his second offense DUI. The person who said that does not have their facts in order.
You’re probably not going to get a 100% correct answer here, but you can start by reading the law on the issue.
Go here:
http://www.leginfo.ca.gov/calaw.html
And search for sections 23540 and 23542 of the Vehicle Code. They pretty much spell out what the punishment can be…but ultimately, it’s up to the judge what it will be (though it’s VERY unlikely it will be outside the parameters of the statutory law).
Frequently, juvenile convictions don’t count once a person turns 18. However, I don’t *think* that’s the case for DUI…I think it counts against him as much as if he had been an adult. I don’t that for certain, and it might make a real difference.
Don’t get overly excited about the cop walking up to your brother in law at a drive-up window being the way "out" of this case. Ordinarily, if your brother-in-law was stopped at a drive-up (or in a parking lot or at a stop light or ….), and the police just walked up to him and said hello, he’d be toast because the police don’t need probable cause to contact someone like that so there’s no probable cause to be litigated.
I admire your desire to get your brother-in-law out of his home town. However, if you’re doing that to help him avoid contact with law enforcement and not to help him stop drinking irresponsibly, you’re only postponing the inevitable. His issue is not that the police seem to have frequent run-ins with him, his issue is that he seems to be drinking and driving frequently and only getting caught twice. I’d worry much more about that, if I were you and your husband.
My .02 cents. Good luck.
My opinion is that he should get a 90 day jail sentence, the maximum
I don’t know about that but you a one fine lookin woman!!!!
I would get a good dui attorney. if the police did not have a good reason to stop him the attorney can probably get the whole thing dismissed. the fine depends upon what if anything he gets convicted of.
Prison. Pelican Bay. 12 years!
Second DUI in less than 5 years is usually a $1,500 fine, up to one year in jail and the loss of your license for 1 year.
I thought the second offense was 90 days in jail license gone for 1 year and 5,000 fine. I could be wrong. If he was stopped by the police officer without probable cause, he might get the whole case dismissed. Tell him to behave himself and not drink and drive. He’s lucky he didn’t get hurt or hurt someone else.