DUI sentence

David Poellot · Jan 30, 2011

I posted a similar thread a while ago and received some great information. I constructed a possible situation and presented it to a relative who is a city cop in Illinois. I was told my sentence was too harsh and most likely, he would plead misdemeanor and get 30 days in jail with half off for good behavior, so now I need to figure out how to get him in jail for six months. 3 DUIs? No property damage? I've been told if he kills someone in the DUI accident, he's looking at more like at least 10 years. Bottom line, I only want him in jail for six months. What facts can I change?

Here's the situation I have right now:

2nd DUI, BAC = .23, plows into a house - no one home, so no one killed.
He has no seat belt, so he's beat up and in the hospital for 3-4 weeks
Cop sits outside the room, waiting for his release.
Nine month jail sentence in county jail, third off early for good behavior, so only six months served.
Probation one year.
Driver's license suspended for one year.

jclarkdawe · Jan 30, 2011

David Poellot said:
I posted a similar thread a while ago and received some great information. I constructed a possible situation and presented it to a relative who is a city cop in Illinois. I was told my sentence was too harsh and most likely, he would plead misdemeanor and get 30 days in jail with half off for good behavior, Cops always think defense attorneys get better deals than they do. Defendants always think they're getting screwed worse than they are. The bias of both makes a lot of sense from their point of view. And local results can vary. Different judges and courts can vary. Big city court with a lot of more serious crimes and I see his argument.

Good time for jail varies from state to state. In New Hampshire, it's one off for two served. In California, I believe it's one off for one served. You need to find out what it is for the state involved.

so now I need to figure out how to get him in jail for six months. 3 DUIs? No property damage? I've been told if he kills someone in the DUI accident, he's looking at more like at least 10 years. Bottom line, I only want him in jail for six months. What facts can I change?

Here's the situation I have right now:

2nd DUI, BAC = .23, plows into a house - no one home, so no one killed. Put it on the front page of the newspapers. Judges and prosecutors respond to publicity.

He has no seat belt, so he's beat up and in the hospital for 3-4 weeks
Cop sits outside the room, waiting for his release. No. He'd be arraigned in his hospital room and bail set. If he can't make bail, sooner rather than later he'd be transferred to a jail/prison infirmary.

Nine month jail sentence in county jail, third off early for good behavior, so only six months served.
Probation one year.
Driver's license suspended for one year.

Despite the officer's argument, I think this is still credible. Especially with some good publicity.

Best of luck,

Jim Clark-Dawe

MarkEsq · Jan 31, 2011

David Poellot said:
Here's the situation I have right now:

2nd DUI, BAC = .23, plows into a house - no one home, so no one killed.
He has no seat belt, so he's beat up and in the hospital for 3-4 weeks
Cop sits outside the room, waiting for his release.
Nine month jail sentence in county jail, third off early for good behavior, so only six months served.
Probation one year.
Driver's license suspended for one year.

The first thing I'll say: there's no way in the world cops would sit outside the room of a DUI suspect for three weeks. Even if he'd killed someone. They might transfer him, once he's stable, to a jail infirmary but never sit outside his hospital room.

I don't know about Illinois law, but under Texas law a second DWI is a class A misdemeanor and a year long sentence would be the max (two-for-one credit, so he'd serve six months). As Jim said, in a high-profile case, that would be within the bounds of possibility.

Pistol Whipped Bee · Jan 31, 2011

Have you considered interviewing a DUI attorney?

RJK · Jan 31, 2011

You could also let him out of jail due to overcrowding. If he's a model prisoner, and he'd get out early anyway, the parole board may let him out with stricter parole terms. There would be parole terms in any case. In New York, second DWI conviction within ten years is a felony, but you normally get a suspended sentence and are placed on parole.

PinkAmy · Jan 31, 2011

Why not have him assault the officer trying to arrest him, though that might give him more than 6 months. Or you can have him resist arrest w/o assault. You can also give him a minor amount of marijuana, or have him smuggle something into jail and get extra time.

David Poellot · Jan 31, 2011

So, how does he get to jail if there's no one outside his hospital room to take him there? Will he just have a court date that he has to show up to, or else?

And, I can't have him resist arrest. He'll be unconscious, because of the seriousness of the accident, which will put him in the hospital.

DUI attorney? I'd have to find one, and I'm not sure how to go about doing that. Do you just flip through the phone book and call some random person? If you asked for an appointment, would they want to charge you? I guess if someone wanted to interview me about accounting, I wouldn't charge them. I guess I could flip through the phone book.

jclarkdawe · Jan 31, 2011

David Poellot said:
So, how does he get to jail if there's no one outside his hospital room to take him there? Will he just have a court date that he has to show up to, or else? Okay, if he's unconscious, he's not going to go anywhere. Police would ask to be notified when he regains consciousness. An officer goes over and formerly arrests him, giving him a ticket with a court date. They'd give him PR bail.

Realize that if the police put him in custody, his medical expenses become the responsibility of the police department, and he's not worth paying for. It's not like it's likely he's going to do that much if he's in that serious condition. And they can always come get him later on.

And, I can't have him resist arrest. He'll be unconscious, because of the seriousness of the accident, which will put him in the hospital.

DUI attorney? I'd have to find one, and I'm not sure how to go about doing that. Do you just flip through the phone book and call some random person? If you asked for an appointment, would they want to charge you? I guess if someone wanted to interview me about accounting, I wouldn't charge them. I guess I could flip through the phone book. Any attorney who does criminal law should be fairly familiar with DUI cases. They're hardly rocket science. A local attorney would be able to give you the local prospective.

And I don't know how many DUI cases Mark has prosecuted, but I'm guessing it's more than I've defended. And I can't even remember most of my DUI cases. It's been that many. DUI first. DUI second. DUI third. DUI with a bunch of other charges. Aggravated DUI. DUI with serious injury. Multiple DUIs before the client can get into court. (Talk about frustration for the police. One of my clients had 4 DUI firsts. He got busted four times within two months. And with the way the law is written, he got out of this whole mess without any jail time. Police, and I don't blame them, were seriously pissed. Judge wasn't too happy, either.)

Best of luck,

Jim Clark-Dawe

cornetto · Jan 31, 2011

If he gets mouthy in court, the judge can give him extra time for comtempt of court.

DUI sentence

David Poellot

jclarkdawe

Feeling lucky, Query?

MarkEsq

Clever title pending.

Pistol Whipped Bee

Now what?

RJK

Sheriff Bullwinkle the Poet says:

PinkAmy

New kid, be gentle!

David Poellot

jclarkdawe

Feeling lucky, Query?

cornetto