so how long will he be gone?(DUI)

[explorin]

once again my brother got a DUI..actually..his third one..ya he doesn't learn from his mistakes..so i want to know if anyone knows how long he will be put away for?? its his third DUI in less than 4 years..also, he got it while his license was suspended...i know(hope) he will be spending his bday in jail(dec25) and much longer...a year wouldn't be bad for him..

and he makes fun of me for wanting to be a officer! its so i can get idiots like him off the streets!

[L-2]

From what I gather from your post with the limited info provided, the applicable code sections may be:
VC 23546 & 23548
which state the sentencing range of 120 days to one year.

[Mad Mac]

Well if it was here in AZ. It would be agg DUI which gives the judge a pretty broad sentencing range. Somewere between six months and 2.5 years. I did see a guy get six because of criminal damage as well. Good luck as I know it is hard to deal with this.

[afm199]

Good. He needs to be gone.

[RolnCode3]

His arraignment isn't probably even set before XMas (or did he not bail/OR out?). When did he get picked up?

As for how much jail time he gets, dunno.

[masameet]

This lawyer's site (http://www.cavalluzzi.com/html/traffic-offenses.html) says under VC Section 23152 jail time is anywhere between a minimum of 96 hours to a maximum of 1 year in jail plus a fine.

I worked with a gal who apparently got a judge to suspend her jail time for a second DUI by getting her then supervisor to write a letter to the judge that she was gainfully employed and a really good worker. :rolleyes But I don't know what happened to her once she got fired by the corporation on supposed theft charges. (Many of her ex- and current colleagues hoped she went to jail, that's how much she was universally held in contempt.)

[T-1 Thunder]

You don't have to be a cop to kick his ass when they let him out.
A fuckin dumbass drunk almost killed us recently. I now have suicide headaches from it.


If he hits the wrong person and kills their kid, he may face some psycho consequences. Better to get an ass kicking from a brother and learn it that way than to fuck with a stranger and his family and suffer what comes of that.

[RolnCode3]

Here's the applicable sections (for a 3rd conviction w/in 10 years). Bold items are jail time and license suspension. This is all on top of his suspended DL violation.:

23546. (a) If a person is convicted of a violation of Section 23152
and the offense occurred within 10 years of two separate violations
of Section 23103, as specified in Section 23103.5, 23152, or 23153,
or any combination thereof, that resulted in convictions, that person
shall be punished by imprisonment in the county jail for not less
than 120 days nor more than one year and by a fine of not less than
three hundred ninety dollars ($390) nor more than one thousand
dollars ($1,000). The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles as required in
paragraph (5) of subdivision (a) of Section 13352. The court shall
require the person to surrender his or her driver's license to the
court in accordance with Section 13550.
(b) A person convicted of a violation of Section 23152 punishable
under this section shall be designated as a habitual traffic offender
for a period of three years, subsequent to the conviction. The
person shall be advised of this designation pursuant to subdivision
(b) of Section 13350.

23548. (a) (1) If the court grants probation to any person punished
under Section 23546, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in the county jail for at least 120 days but not more than one year
and pay a fine of at least three hundred ninety dollars ($390) but
not more than one thousand dollars ($1,000).
(2) The person's privilege to operate a motor vehicle shall be
revoked by the department under paragraph (5) of subdivision (a) of
Section 13352. The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
(b) In addition to subdivision (a), if the court grants probation
to any person punished under Section 23546, the court may order as a
condition of probation that the person participate, for at least 30
months subsequent to the underlying conviction and in a manner
satisfactory to the court, in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code. In
lieu of the minimum term of imprisonment specified in subdivision
(a), the court shall impose as a condition of probation under this
subdivision that the person be confined in the county jail for at
least 30 days but not more than one year. The court shall not order
the treatment prescribed by this subdivision unless the person makes
a specific request and shows good cause for the order, whether or not
the person has previously completed a treatment program pursuant to
paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of
subdivision (b) of Section 23562. In order to enable all required
persons to participate, each person shall pay the program costs
commensurate with the person's ability to pay as determined pursuant
to Section 11837.4 of the Health and Safety Code. No condition of
probation required pursuant to this subdivision is a basis for
reducing any other probation requirement in this section or Section
23600 or for avoiding the mandatory license revocation provisions of
paragraph (5) of subdivision (a) of Section 13352.
(c) In addition to the provisions of Section 23600 and subdivision
(a), if the court grants probation to any person punished under
Section 23546 who has not previously completed a treatment program
pursuant to paragraph (4) of subdivision (b) of Section 23542 or
paragraph (4) of subdivision (b) of Section 23562, and unless the
person is ordered to participate in and complete a
driving-under-the-influence program under subdivision (b), the court
shall impose as a condition of probation that the person, subsequent
to the date of the current violation, enroll and participate, for at
least 18 months and in a manner satisfactory to the court, in a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as designated by the court. The
person shall complete the entire program subsequent to, and shall
not be given any credit for program activities completed prior to,
the date of the current violation. Any person who has previously
completed a 12-month or 18-month program licensed pursuant to Section
11836 of the Health and Safety Code shall not be eligible for
referral pursuant to this subdivision unless a 30-month licensed
driving-under-the-influence program is not available for referral in
the county of the person's residence or employment. The program
shall provide for persons who cannot afford the program fee pursuant
to paragraph (2) of subdivision (b) of Section 11837.4 of the Health
and Safety Code in order to enable those persons to participate. No
condition of probation required pursuant to this subdivision is a
basis for reducing any other probation requirement in this section or
Section 23600 or for avoiding the mandatory license revocation
provisions of paragraph (5) of subdivision (a) of Section 13352.
(d) The court shall advise the person at the time of sentencing
that the driving privilege may not be restored until the person
provides proof satisfactory to the department of successful
completion of a driving-under-the-influence program of the length
required under this code that is licensed pursuant to Section 11836
of the Health and Safety Code.
(e) This section shall become operative on September 20, 2005.

13352.(a)(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after completion of 12 months of the revocation period, which
may include credit for a suspension period served under subdivision
(c) of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.

[Mad Mac]

What's really bad is his license was already suspended. Not cool. Makes it aggravated. Tells the judge he don't give a shit as well as being a serious threat to the good folks of his city. Judges really hit them hard with jail time and fines for that. strike three here in AZ will cost you up to $3000.00 in fines, probation, and a breath tester installed in the vehicle. If they don't get the fines paid or get caught violating probation, it turns to jail time in the Department of Corrections. He needs to learn it's not worth it but I guess that's his decision to make.

[explorin]

thanks for all the info..but he got out of jail the day after he got arrested..so im sure he will be getting a court date soon..

trust me..id kick his ass if i could..but he really isnt one to mess with..he has had bad relations with gangs and use to fight everyday..im 6'4 200lbs so im not exactly small..

im hoping the 120 days will help him..he does have a really good job(or did) and supports himself..but o well..now i hope he goes to santa rita so i dont have to drive out to martinez to visit him haha

[slowpoke]

once again my brother got a DUI..actually..his third one..ya he doesn't learn from his mistakes..so i want to know if anyone knows how long he will be put away for?? its his third DUI in less than 4 years..also, he got it while his license was suspended...i know(hope) he will be spending his bday in jail(dec25) and much longer...a year wouldn't be bad for him..

and he makes fun of me for wanting to be a officer! its so i can get idiots like him off the streets!

Who cares. Your POS brother needs to be gone.

[RolnCode3]

thanks for all the info..but he got out of jail the day after he got arrested..so im sure he will be getting a court date soon..
He should have a court date when the released him. Probably sometime in mid-January.

The fact that it's 3 in less than 4 years (short time span), plus a suspended license, does not bode well for him. I would expect a judge to offer little leniency to him. I would shoot for middle to upper end of the punishment the judge is capable of handing down.

But, I'm never surprised by anything that happens in Court, so you just never know.

Just wait - when he gets the next one (his 4th in 10 years), it'll be a wobbler. He'll be eligible to do state prison time. CVC 23550 talks about that stuff.

[explorin]

i hope he does get a long sentence..it will serve him well..

o and slowpoke, shut your f-king mouth..hes family, although he deserves the 250 days, i dont need to hear your(or read) the shit you have to say..that goes for anyone who wants to be a internet tough guy and say my brother is shit..

carry on

[explorin]

and if a mod would like to close this thread..please do so..i dont think i can, and im sure this thread will get out of control soon :)

[Mad Mac]

Well I think you got a pretty good idea as to what will come next from the courts. His next appearance will be an arraignment. If he pleads guilty he will either be set for a sentencing date or in some cases the judge will let him way time and receive the sentence the same day. Once he pleads to the charges he will be remanded to the jail and held without bond till sentencing. If he should decide to plead not guilty and loose he will surely get the max sentence. That's the way of the prosecutor. Once again this is AZ law and the way our courts work but I am sure Calif. is not much different. Good luck with your brother. Maybe this will be his wake up call.

[froride1]

i hope he does get a long sentence..it will serve him well..

o and slowpoke, shut your f-king mouth..hes family, although he deserves the 250 days, i dont need to hear your(or read) the shit you have to say..that goes for anyone who wants to be a internet tough guy and say my brother is shit..

carry on


I understand he's family and you love him but that doesn't do me much good when he kills me, a family member or friend does it. As a 3 time DUI loser driving on a suspended license I hope he gets the max and I wish the max penalty was more severe. A year in jail for a third dui in 10 years seems lite to me. I'm not trying to be tough guy, just stating my opinion.

[T-1 Thunder]

i hope he does get a long sentence..it will serve him well..

o and slowpoke, shut your f-king mouth..hes family, although he deserves the 250 days, i dont need to hear your(or read) the shit you have to say..that goes for anyone who wants to be a internet tough guy and say my brother is shit..

carry on

Your brother may not be shit, that could be true. But please realize that I am not a "tough-guy" when I state what I said above. There are a lot of people in this world that would take the law into their own hands if they lost a loved one to a DUI person. It is a very real danger to him if he were to kill someone. That is a fact. Forget about me and BARF - it's a fact out there in the real world. I'm just giving you my position - I would not care about my life if I lost my kid or wife with kid. My life? Pointless, only priority would be revenge in the most terrible way.

I try and keep this mind in my daily life. I have a lot of temptation to drive while drinking. My friends show up sometimes after I've been drinking and want me to go wheeling. As tempting as it is(only 2 miles on pavement to get to dirt) - I say no everytime. Part of my motivation is to not kill someone, part of it is to not get myself killed.

But if your bro is a "ganster", then maybe he's fearless and doesn't care if he lives or dies? I hope that's not true. If it is, I think you and the rest of the family need to let him know how loved he is and how important he is. A hug goes a long way, even for a tough guy.

and if a mod would like to close this thread..please do so..i dont think i can, and im sure this thread will get out of control soon :)


No, no. Relax. Have faith in the maturity of folks here. I'm sure nobody is going to feel the need to flex. Let's remove the heart and put forth the brain, shall we all?