DUI question?
I have a really horrible neighbor that just spent 18 days in jail after being picked up for her third DUI offense. She was driving on a suspended license. Why would she be out so soon? She must have gotten bailed out, but why? Are California DUI laws really this lax? When she goes to trial, how long...
I have a really horrible neighbor that just spent 18 days in jail after being picked up for her third DUI offense. She was driving on a suspended license. Why would she be out so soon? She must have gotten bailed out, but why? Are California DUI laws really this lax? When she goes to trial, how long will her sentence be? Our whole neighborhood really hates this neighbor. She brings drugs into the neighborhood and lets her kids play in the street. CPS refuses to do anything about it. We were hoping she'd be gone after this arrest. Thanks in advance.
It's actually her fourth DUI, and yes, drunk driving is really bad.
Everybody is presumed innocent until convicted, and almost everybody is constitutionally entitled to bail prior to conviction. (Generally, people charged with capital murder are not entitled to bail.) This is not a symptom of "lax laws," it is one of the fundamental protections of the United States and California Constitutions.
Should this person be convicted, the minimum term for a third time DUI is 120 days in custody (which is reduced to about 80 days for good behavior), and the maximum is one year. A fourth time DUI can be charged as a felony, which has a minimum term of 180 days, and a maximum of three years.
Note that only serious or violent felonies are strikes under California’s three strike law. DUI is NOT a serious or violent felony (and is usually a misdemeanor), so multiple DUI’s cannot result in a sentence of 25 to life.
You have to check you state laws. In MI 3x DUI is now a felony. I have 2 and my lawyer told me that if there’s a 3rd time I can expect 3yrs in state prison. Also I server 14 days on my first plus a bunch of other stuff (fines, community service, license suspension ect.). My second I served 90 days house arrest because all the jails were full, plus a bunch of other stuff.
If it’s her 4th they should throw the book at this dumnass. After what I went thru on my second I will never drive drunk again.
Is she being charged for a DUI or for driving on a suspended license? There is a big difference here especially when it comes to ‘jail time’.
And the courts still have to give her a trail and prove she is guilty which the courts are probably back logged a couple of months and the jails just aren’t big enough to hold every person arrested until they do go to court. It’s a circle.
You are aware that DUI’s, if convicted, are felonies and 3 felonies carry a 25 yrs to life in prison in CA?
Is this woman really that bad?