One of my clients sent to prison for drunk driving...

Discussion in 'Politics, Religion, Social Issues' started by 63dot, Dec 28, 2010.

  1. 63dot macrumors 603

    63dot

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    #1
    ...and being in California and having a .08 blood alcohol for a second time within a year, he got sent to one of the most notorious prisons (mostly gang members) for a year.

    The news came as a shock to the community as he was a so-called pillar and VP of a fortune 500 company.

    This is the law and he knew, like most Californians know, that you don't drive drunk and don't even drive buzzed, and you get nailed big time if it's a second offense, especially in one year.

    My east coast friend, from a state I won't mention, claims a .08 ba twice (as was the case with my computer client) would not render a year in prison in his state nor would it have in California many years ago. We had a disagreement over the sentence and he thought California was too harsh.

    We did agree that the proposed .01 ba being considered "drunk" in California may be overboard. Other than that, an entire drink then behind the wheel is too much imho.

    Without going through an exhaustive research project into lex-nex, I will take his word for it about California tending towards being "more" lenient in the past as opposed to today.

    What are your thoughts on drunk driving? a year in prison with .08 ba twice in 12 months? how about with significantly higher ba level?
     
  2. leekohler macrumors G5

    leekohler

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    #2
    This is what I don't get- he's the VP of a Fortune 500 company, and he can't afford to have someone drive him? He's not just going to prison for driving drunk, he's going to prison for being stupid. WTF is wrong with people? It'll be quite sometime before he can ever hold a position at a company like that again. Why would any company want someone like that at the top?
     
  3. citizenzen macrumors 65816

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    #3
    It sounds like your friend is either extremely unlucky, or has a drinking problem and shouldn't be behind the wheel. Prison sounds too extreme to me if he hasn't actually injured someone or damaged property. But I would take away all his driving privileges... for at least a year.
     
  4. dmr727 macrumors G3

    dmr727

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    #4
    I don't see the problem with it. Personally, I wish they'd enact the same punishments for breaking the cell phone/texting laws as well.

    Get a cab. Have a DD. The solution is quite simple.
     
  5. Eraserhead macrumors G4

    Eraserhead

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    #5
    Quite, its not as if taxis are vastly expensive.

    I agree.
     
  6. rhett7660 macrumors G4

    rhett7660

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    #6
    I agree..... Sorry I don't think the punishment is to rough. He did it twice. Shame on him. Being the person he is and being in the position he is in, one would think he is smart enough not to drive drunk. Let alone not pay for a cab or call a friend to pick him up. Shame on him.
     
  7. fivepoint macrumors 65816

    fivepoint

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    #7
    Spending a year in jail w/out ever having done anyone or anyone's property any damage - especially with an otherwise clean record (I'm assuming) seems quite extreme. :(
     
  8. dmr727 macrumors G3

    dmr727

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    #8
    His record isn't clean - he had one prior DUI within the year. I agree with you on the first offense, but a second time around demonstrates (at least to me), a clear disregard for not only the law, but other people's safety. At that point it's beyond making a mistake.
     
  9. fivepoint macrumors 65816

    fivepoint

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    #9
    I strongly agree that a 2nd offense of any crime should carry a stiffer penalty than the first offense. The question is whether a YEAR in an apparently hard-core prison is a justifiable penalty for someone with an otherwise clean record doing something which could maybe potentially put other people in higher risk, but never actually hurt anyone or anyone's property.
     
  10. codymac macrumors 6502

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    #10
    *Your client?*

    Was the prosecutor's office not willing to make a deal? Considering the reports about one offender getting 6 months for his 19th DUI, the one year seems excessive. Isn't one year the current max?
     
  11. Rodimus Prime macrumors G4

    Rodimus Prime

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    #11
    Right now the system is clog with to many cases. Something Texas is trying to do and it is supported by MADD is for first time offenders reducing the sentence and allowed deferred adjudication instead. They would be required to take a class and of course pay a fine but it stays off the record providing they do not get another DWI. Now if they get a 2nd DWI they get slapped with both and get jail time.
    Reason this is supported is because the system is clog with DWI cases and to many 2nd-3rd time offenders are some times not be charged at all for DWI and plead down to next to nothing.

    Drunk driving is a problem but as it stands the system is clog and to many repeated offenders are slipping threw the cracks. I like what Texas wanting to do.

    As for 2nd time offenders I think it should be very harsh. loss of DL be mandatory for at least 1 year and some jail time. If any one is hurt due to it on first time offenders or more very harsh punishment.


    DUI is a much less offence than DWI.
     
  12. GoCubsGo macrumors Nehalem

    GoCubsGo

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    #12
    Yeah because all attempted murder suspects should be able to walk free. :rolleyes:

    What's that? He didn't attempt to murder anyone? When you get behind the wheel of a car with a BAL of .08 + then you are basically telling me that you have zero regard for your life or anyone else's life. Would it be murder? I don't know, I'm not a lawyer but I am sure it would be murder 2 or manslaughter; murder 2 because the killing took place while the killer was engaged in potentially dangerous conduct, manslaughter if they had no intent to kill. It'd be a coin toss I'm sure.

    I realize that driving at .08 doesn't mean you'll kill someone for certain, but the risk is there. As far as the prison ... that does seem a bit excessive to me.
     
  13. mcrain macrumors 68000

    mcrain

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    #13
    A one year prison sentence is rarely ever really a year. In addition, often times, the "sentence" is performed in processing, and the inmate never gets incorporated into the prison population.

    In Illinois, a 1 year prison sentence is automatically reduced by 1/2 due to the day for day rules. In addition, there is a 6 month reduction in sentences for good behavior. A sentence to prison in Illinois for 1 year results in zero days in prison, if it were not for the Department of Corrections 61 day "processing" detention.

    I regularly had clients plead to a year in prison because they would be home in no more than two months. Less if they had county time under their belt.
     
  14. fivepoint macrumors 65816

    fivepoint

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    #14
    Give me a break. Attempted murder? At least try to have a civilized discussion. Are you attempting murder every time you drive a car sober since you'd be much less likely to kill someone by staying in your home or riding a bike? Are you attempting murder every time you give someone a ride on your motorcycle? Are you attempting murder every time you let your small child eat chicken off the bone because you're increasing their chance of choking? Are you attempting murder every time you buy your grandson some fireworks or a .22?

    Do any of those deserve a year in prison? Or at least a few months/weeks?
    :confused:
     
  15. Nugget macrumors 65816

    Nugget

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    #15
    Sure, but was that because his plan to "not hit anyone" worked out or was it just luck? Who is to say he wouldn't have killed someone a mile down the road if he hadn't been pulled over?

    Driving drunk, even with "just" a .08 means that the driver is impaired and that the risk of accident, damage, and death is significantly higher. It's criminal behavior every time -- because of the risk -- not just when the worst occurs.

    It was a second offense in less than a year. Clearly he didn't learn any lesson from the previous penalty. What's the benefit of giving him another light penalty for him to ignore. Maybe this penalty will cause him to avoid the third DUI.
     
  16. codymac, Dec 28, 2010
    Last edited: Dec 28, 2010

    codymac macrumors 6502

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    #16
    You see a distinction there?

    Citation? Can't see where CA law makes that distinction. Seems 23152 lines out alcohol and drugs as the same (both as "DUI") and only goes on to define the legal limits for BAC.

    I couldn't find a reference to "DWI" in CA code, but I'm not a lawyer and not in CA either. Don't see that it matters either way regarding my questions though.

    Oddly enough, it appears that CA makes that distinction in its vehicle code. There's a section for DUI and another section for DUI causing injury. There's even a section outlining the legislature's intent!

    You're correct. It's just oddly interesting that they make a distinction.

    Looks like the min would have been 90 days and the max would be one year for a second offense, with a lower BAC limit, within 10 years. (Caveat: I'm not a lawyer, yada-yada-yada.)
     
  17. OllyW Moderator

    OllyW

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    #17
    What's the punishment in California for a first time drink driving?

    In the UK he would have received a minimum of 12 months driving ban and large fine for the first offence. Being caught again for the same offence while disqualified would more than likely result in a custodial sentence.
     
  18. mcrain macrumors 68000

    mcrain

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    #18
    No difference between DUI and DWI. Only difference is how the legislature decided to name the statute. Driving Under the Influence or Driving While Intoxicated.
     
  19. 63dot thread starter macrumors 603

    63dot

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    #19
    A computer client, as I have a computer repair business. I did go to law school briefly but have no interest in being an attorney. I may get enough credits in an MBA to have an MBA/JD, but most who embark on that in California usually go for the business education and have the JD as legal knowledge necessary for operating a business or being in today's very litigious corporate America. Mcrain here can attest to that and that in itself is a thread or at least an Alex Jones or Michael Moore working movie title!

    Anyway, the person here who said those harsh sentences should be enacted on a texting driver is right on. Now I put on my flame suit, ;)

    Anyway, on a California Highway Patrol study I read recently, texting drivers took longer to stop than either drunk drivers or very old drivers (senior citizens with slow reflexes and/or dementia). That's a pretty scary statistic and one hard to believe.

    However, the worst driving I have seen are those on their smart phones or glued to their damn GPS without looking up. The funniest, scratch that, stupidest thing I have ever seen was watching somebody in their vehicle head down read their GPS right through a stop sign in front of the police station which serves 2,000 people (read: bored cops).:eek:
     
  20. fivepoint macrumors 65816

    fivepoint

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    #20
    Maybe people who drive twice while texting should go to prison for a year? :rolleyes:

    How about people who drive while eating? Or while talking to the other person in the car? How about people listening to music so loud they can't hear the traffic around them? How about tired people? THROW THEM ALL IN JAIL! ;)
     
  21. 63dot thread starter macrumors 603

    63dot

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    #21
    Dr. Dean Edell, KGO San Francisco, ABC news radio has some harsh opinions on eating while driving. I don't know about that, however, the texters, are as bad as the drunk drivers, if not worse. Anyway Google it and don't take my word.

    I am not out to condemn anybody, but texting while driving is beyond stupid.
     
  22. fivepoint macrumors 65816

    fivepoint

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    #22
    I'm not arguing that eating while driving or texting while driving aren't as bad as or worse than driving while intoxicated. Quite the opposite. I'm suggesting that a year in prison for any of these is over the line and just plain extreme.
     
  23. rdowns macrumors Penryn

    rdowns

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    #23
    A year in Folsom (assumption) or similar is way over the top for that type of crime. You don't stick DUI offenders with the worst criminals in society.
     
  24. iJohnHenry macrumors P6

    iJohnHenry

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    #24
    Make him wear an ankle bracelet for a year, so they can find him at any time, and make him submit to a Breathalyzer test, driving or not.
     
  25. Rodimus Prime macrumors G4

    Rodimus Prime

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    #25
    depends on the state. In Texas DUI can be given to any one who blows something over .00 and less than 0.08. It is not the same as driving while drunk. My brother got slap with a DUI when he was 20 because he blew a .02. In the same thing happen to me the cop never would of check me because I was over 21 and would of been showing no signs of booze in my system.

    Just point out there is a huge difference. DUI gives the cops another tool to go after people who are not legally drunk but still slightly impaired. it is a much less punishment.
     

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