3 years in jail for first offense DUI?

[paradox]

My cousin who resides in columbus ohio, was arrested for DUI a few weeks ago. He refused to take the breathalizer as well. Now its almost time for the pre-trial & his lawyer is telling him he was appointed the harshest judge as far as sentenceing goes, & the max he could recieve is 3 years jail time. The evidence the lawyer has in his favor is, he was useing a allergy medication & the one foot the cop had him walk on was one that was broken not long ago. WTF!?!? 3 years in jail for a first offense DUI? Hell thats as much jail time that ed norton got for killing those black guys in american history X.

 

[2 ton hoss]

PLEASE DO NOT INSULT US BY COMPARING REAL LIFE TO A MOVIE.

3 YEARS IS WAY TOO MUCH. HE WILL GET 30 DAYS. WHY DID HE REFUSE A BREATHALYZER? THAT SHIT ALWAYS LOOKS BAD. BETTER TO TAKE IT AND FAIL, UNLESS YOU ARE REALLY, REALLY TOASTED.

DRUNK DRIVERS MAKE ME SICK.

 

[Mickey Knox]

Jesus, I live in Milwaukee. And here you get about 2 years for 3 DUI's.

I wish we were as strict as your state. I know many people who were killed in a drunk driving accident. (and no, they werent the ones who were drinking)

But anyways, sorry about your cousin. I doubt he will do that much time. He will probably do a couple months, maybe 6 months tops. But I hope he learns his lesson.

 

[Wombat]

Which community college did his lawyer graduate from?

 

[The Whole F/N Show]

Your cousin needs a better lawyer. I just went to court for driving with no insurance (which I will never do again BTW) and my lawyer got it thrown out and the soliciter was a real hard ass. If is an unfair judge it's possible to have it moved to another court but then that is something his lawyer should have looked into.

 

[CrimsonKing]

Which community college did his lawyer graduate from?

Ya, he's prob trying to scare him to get him to plead or deal to avoid a trial....

 

[the nature boy]

no shit, this lawyer sounds like Lionel Hutz from the simpsons. if you pay between 2 and 3K for a good lawyer you can get off. since he refused to take any sobriety tests they cannot prove he was drunk, so all that will happen is that he'll lose his license for a year most likely.

 

[HumorMe]

Not trying to insult you paradox but I hope your cousin does the full time. Drunk driving.......there is no excuse.

 

[paradox]

hes paying 5 grand for this lawyer.

 

[the nature boy]

hes paying 5 grand for this lawyer.

hes getting ripped off. his lawyer needs to continue the case so he can get a different judge.

 

[2 ton hoss]

Not trying to insult you paradox but I hope your cousin does the full time. Drunk driving.......there is no excuse.

DUDE, 3 YEARS?

 

[HumorMe]

DUDE, 3 YEARS?

Yes 3 years. He should feel lucky. It is something that shouldn't be tolerated.

 

[The Whole F/N Show]

hes paying 5 grand for this lawyer.

$5,000 for a DUI lawyer is crazy. Especially one who couldn't get a better deal than 3 years in jail. I wouldn't want a guy like that defending me in court.

 

[paradox]

PLEASE DO NOT INSULT US BY COMPARING REAL LIFE TO A MOVIE.

Uhhh how the hell is that a insult? btw, yea I agree with you guys who are against drunk driveing. It just kinda shocked me when I got a call this morning telling me he is faceing up to 3 years.

 

[FarBeyondDriven]

Shit, back home you get 48 hrs for the first, 45 days for the second and the whole 11-29 for the third. They all carry an 11-29 sentence.

I have had three, all dropped to first offense doing two days on each. That is why I no longer drink, some people shouldn't. A little money does wonders, and so does doing some kind of treatment program, they will be alot more lenient.

 

[paradox]

$5,000 for a DUI lawyer is crazy. Especially one who couldn't get a better deal than 3 years in jail. I wouldn't want a guy like that defending me in court.

He never even had is pre-trial yet. His lawyer just told him worst case scenerio.

 

[The Whole F/N Show]

That's another story then. The worst case scenario is always bad but he should have known that unless his head in the clouds. Now if he's lawyer comes to him with a deal not much better than that after he goes to court it's time find another lawyer.

 

[p0ink]

too bad your cousin didnt crash and maim himself, cause it is dumb motherfuckers like him who will take the life of someone who doesnt deserve it. i fucking hope they fucking split his rectume asunder in prison.

 

[paradox]

too bad your cousin didnt crash and maim himself, cause it is dumb motherfuckers like him who will take the life of someone who doesnt deserve it. i fucking hope they fucking split his rectume asunder in prison.

and this is comeing from someone who wants to know how long he can hold his g/fs head in the toilet?

 

[Lao Tzu]

worst case scenarios are just that. I seriously doubt that he will get the max for a first offence, esp. if he is a law abiding citizen the other 99% of his life. Here in indiana possession of controlled substances are punishable by up to 4 years in prison, but i doubt anyone would ever get that kind of treatment, most people just get treatment & probation. Hopefully some deal will be worked out with the prosecutor.

 

[the nature boy]

and this is comeing from someone who wants to know how long he can hold his g/fs head in the toilet?

tee hee.

 

[litig8r]

Don't confuse the "punishment range" with what one might actually receive. Every state is differenct. In Texas the range for a DWI 1, until recently was from 72hours in jail to 2 years. In 95% of the cases the sentence was suspended and the drunk put on some form of probation. Texas recently changed the range to 72 hours to 6 months in jail, however a third conviction can get you upto 10 years in the penn.

hasta litig8r

 

[ladymacbeth]

My cousin who resides in columbus ohio, was arrested for DUI a few weeks ago. He refused to take the breathalizer as well. Now its almost time for the pre-trial & his lawyer is telling him he was appointed the harshest judge as far as sentenceing goes, & the max he could recieve is 3 years jail time. The evidence the lawyer has in his favor is, he was useing a allergy medication & the one foot the cop had him walk on was one that was broken not long ago. WTF!?!? 3 years in jail for a first offense DUI? Hell thats as much jail time that ed norton got for killing those black guys in american history X.

I live in columbus. The 'system' (if you will) around here is notoriously lax on dds. Anyway, I think drunk drivers have less to worry about in front of a judge then when they are behind the wheel drunk.

I know some people who have gotten 30 days for a first offense, and I know a lot of people who have gotten off on their 2nd and 3rd offense.

 

[ladymacbeth]

ok, I hate to be a bitch, but I looked this up, Columbus being my petite ville and all...

OHIO DRUNK DRIVING LAWS
Fines, jail time and penalties

Based on previous DUI offenses, fines range from $200 to $10,000. Jail time ranges from three days to one year. Fines and jail sentences are as follows:

* First offense: Fine—$200 to $1,000; ALS for 90 days for .10% BAC or above; ALS for test refusal is one year license suspension; Jail—minimum of three consecutive days or three-day driver intervention program; Court license suspension is six months to three years
* Second offense: Fine—$300 to $1,500; ALS for one year for .10% BAC or above; ALS for test refusal is a two-year license suspension; Jail—minimum of 10 consecutive days or five days plus minimum of 18 consecutive days of electronically monitored house arrest (EMHA), up to a maximum of six months; Discretionary driver’s intervention program; Vehicle immobilization and plates impounded for 90 days; Court license suspension is one to five years
* Third offense: Fine—$500 to $2,500; ALS for two years for .10% BAC or above; ALS for test refusal is a three-year license suspension; Jail—minimum of 30 consecutive days to one year—Alternative sentence is 15 days of jail plus a minimum of 55 consecutive days of EMHA combined, up to a maximum of one year; Mandatory attendance in an alcohol treatment program paid for by offender; Vehicle forfeiture for a third OMVI conviction within six years; Court license suspension is one to ten years
* Fourth offense or more or motor vehicle-related felony: Fine—$750 to $10,000; ALS for three years for .10% BAC or above; ALS for test refusal is a five-year license suspension; Jail—minimum of 60 consecutive days to one year; Mandatory drug/alcohol treatment program paid for by offender; Vehicle forfeiture—mandatory criminal forfeiture of vehicle operated by offender, imposed by the court; Court license suspension is three years to permanent revocation



oooops...

 

[KAYNE]

HIS LAWYER IS CRAZY. THERE IS NO WAY THAT HE WILL GET THREE YEARS IN JAIL FOR 1ST OFFENSE DUI. MAYBE 3RD, BUT NOT FIRST.


KAYNE

 

[G ChildlihC G]

3 years for a first offense, no way, maybe in about 30 or 40 more years when laws become even more strict

 

[ladymacbeth]

HIS LAWYER IS CRAZY. THERE IS NO WAY THAT HE WILL GET THREE YEARS IN JAIL FOR 1ST OFFENSE DUI. MAYBE 3RD, BUT NOT FIRST.


KAYNE

Please read what I posted...the most he could get for a 4th offense or vehicular felony is 1 year in jail. I don't know where you or this "lawyer" you mentioned got his info.

(You=paradox, not kayne)

 

[Amp]

Here's the difference with what a hooked up, very good lawyer can do.

I was charged with 1st offense DUI, refused the breathalizer, speeding, failing to yield to the officer, and open container (a friend popped one open just before I got banged for speeding).

It was pleaded down to - negligent driving. My license was suspended for 30 days and I paid a $250 fine.

speeding dropped but put on file for 1 year, the ALS hearing for refusing the breathalizer was dropped, the open container was dropped, the DUI was dropped, failing to yield dropped.

I was too lucky and won't be doing that again.

 

[shifti]

Yes 3 years. He should feel lucky. It is something that shouldn't be tolerated. [/QUOTE

Fuck you asshole. You should feel lucky I don't find out where you live and murder your stupid cocksucking ass. 3 years for something so MINOR is utterly rediculous, and anyone who thinks someone should deserve such punishment should be stabbed in the cranium with a 5 inch serrated blade.

HumorThat.

 

[Code]

Put him/her in jail for life.
Any dumbass that gets caught drinking and driving deserves to be killed.

Hell, I say anyone caught breaking any law, felony or otherwise should be stoned by a village of his/her peers.

**Stands on street corner with bullhorn**

PEOPLE LISTEN UP! PLEASE DO LIBERAL, WHINEY-ASS CITIZENS A FAVOR AND DO NOT GET CAUGHT BREAKING THE LAW. THEY TEND TO GET ANGRY WHEN THE JUSTICE SYSTEM WORKS!

 

[THeMaCHinE]

Driving drunk is not minor. It's a complete disregard for personal and public safety. If you're doing something in which you will effect only yourself, perhaps that is minor; if you stand to kill some innocent kid or something (i.e. anybody on or near the road by you), that's a different ballgame.

That said, 3 years seems far-fetched in light of our current crime and punishment system.

 

[HighIntensity]

Nordstroms right-

max is just a scare and is rarely given for reg. cit. who makes a one time mistake....hell get no jail time, lose his lic. pay a huge fine and have to do comm service...

now if he was an athlete hed get of clean, maybe sign something for the judges kids

 

[HappyScrappy]

I used to work with a guy that would tell us all these stories of how as a youth he and his friends would drive around in one of their vans with a keg in the back and they'd just drink and he never knew how they ever made it home. different people would drive while they would take turns working the keg and drinking.
he would usually go into this story anytime drugs were mentioned - he was saying how different generations go in and out of drugs being big and alcohol being big.

then he proceeded to freak out one day when someone was talking about drunk drivers - there was a story in the news where a child was killed by a drunk driver and he said if one ever hit and killed his kid he would freak out and hunt down the guy and torture him to death...

apparently the hypocrisy of the statement was lost on him

 

[Code]

I'd much rather have my justice system be too harsh than too lax.

 

[HumorMe]

Fuck you asshole. You should feel lucky I don't find out where you live and murder your stupid cocksucking ass. 3 years for something so MINOR is utterly rediculous, and anyone who thinks someone should deserve such punishment should be stabbed in the cranium with a 5 inch serrated blade.

HumorThat.

You want my fucking address? Drunk driving is not a minor offense. Why don't you do a little research and find out how MINOR drunk driving can be. Drunk driving is something that should never be taken lightly and he's lucky he will not be punished more than that. Lose someone to drunk driving and re-evaluate your feelings about the laws. It's time to grow up and face the punishment if you are caught.

Your humor is not very original.

 

[Code]

Ahhh SNAP!!!
HumorMe kicks it into fuckyou mode!!!

**puts on some OldSkool tunes and starts to shuffle**

 

[HumorMe]

Ahhh SNAP!!!
HumorMe kicks it into fuckyou mode!!!

**puts on some OldSkool tunes and starts to shuffle**

It had to happen sooner or later.

I've only done that just a few times. Usually I am pretty even tempered but it bothers me that some people think it is harmless or not a very bad offense to drink and drive.

shifti is a fucking Internet tough guy. Fuck him!


What makes it even worse os that I sent him green karma because I forgot to click "I disapprove!" I meant to send him negative karma. I signed it too!

 

[Lao Tzu]

Driving drunk is not minor. It's a complete disregard for personal and public safety. If you're doing something in which you will effect only yourself, perhaps that is minor; if you stand to kill some innocent kid or something (i.e. anybody on or near the road by you), that's a different ballgame.

That said, 3 years seems far-fetched in light of our current crime and punishment system.

Its hard to say. There are many things you can do that will impair driving. Technically, you can go 60 hours without sleep, talk on your cell phone, changing the radio station & eat food all at the same time & not get ticketed unless you are actually posing a threat to other motorists (i think). you can't be punished JUST for driving while being tired, or eating or talking on a cell phone. You need to do something dangerous. That isn't the way drunk driving laws work, you can be driving just fine & still get ticketed.

 

[THeMaCHinE]

Its hard to say. There are many things you can do that will impair driving. Technically, you can go 60 hours without sleep, talk on your cell phone, changing the radio station & eat food all at the same time & not get ticketed unless you are actually posing a threat to other motorists (i think). you can't be punished JUST for driving while being tired, or eating or talking on a cell phone. You need to do something dangerous. That isn't the way drunk driving laws work, you can be driving just fine & still get ticketed.

I don't disagree with what you say.

My point is that consuming a ton of alcohol and then getting behind the wheel is clearly a wanton disrespect/disregard for public safety, and very dangerous and malignant act to yourself and those around you. It is, therefore, not a minor offense in my book.

 

[Natymike]

I remember an 18 year old out of Houston who killed a family of 3 driving drunk and ended up serving 2.5 years.

I'm assuming your friend spent a night in jail already. Thats the ONLY jail time he will see.

expect probation and a fine.

-on a side note, 1 out of 10 drivers after midnight is drunk. Thats a lot of drunks, I would say 1% actually get caught.

 

[Code]

DUI should be tried as if it were attempted man-slaughter.

Evertime you get behind the wheel drunk, you increase the risk of getting into an accident by an order of magnitude.