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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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  #1  
Old 12-13-2015, 01:38 AM
rickrick24 rickrick24 is offline
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Default Felony DUI with GBI

Asking for a friend...

Charged with a felony DUI with great bodily injury. Here are the facts of the case.
  • 27 year old male.
  • No priors.
  • Blew a 0.09 at the scene.
  • Took a blood test at the station (0.084)
  • Passanger in car suffered a fractured pelvis.
  • He is recovering fine, and was released from hospital.
  • No surgery needed. Will require physical therapy however.
  • Lone individual in the other car was not hurt.

The accident occurred as follows:
Waiting on the red light, the passenger told the driver to make a right instead. The driver, without looking, attempted to make his way across the next to lanes in order to get to the first lane to make a right turn. A car that was going straight then t-boned my friends car.

Wondering if anyone here went through a similar situation/charges.
Met with a few attorneys, they have all mentioned they would plan to have my friend released into a rehab center for 6 months and then maybe would have to serve 180 days in county jail.

Any information on what to expect would be great.

Thanks.

Last edited by rickrick24; 12-13-2015 at 02:21 AM..
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  #2  
Old 12-13-2015, 02:10 AM
R&R R&R is offline
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It is not advisable to put any details of a case - especially if it still in the "charged with" stage in a public forum.
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  #3  
Old 12-13-2015, 02:16 AM
rickrick24 rickrick24 is offline
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Quote:
Originally Posted by R&R View Post
It is not advisable to put any details of a case - especially if it still in the "charged with" stage in a public forum.
Impossible to prove who the defendant is with the amount of information I have provided. No city, or even county is given. No names. No date. I could be making up a scenario for all anyone knows.

Thanks though.
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  #4  
Old 12-13-2015, 07:47 AM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by rickrick24 View Post
Impossible to prove who the defendant is with the amount of information I have provided. No city, or even county is given. No names. No date. I could be making up a scenario for all anyone knows.

Thanks though.
You would be very surprised what can be pieced together with just a few fragments of information. And few people 'making up a scenario' are going to as specific with numbers, especially to the point of blowing at the scene and giving blood at booking...

In addition to rehab programming and jail time, there had better be a substantial period of probation associated with it, although unfortunately, California seems not to take intoxication-related incidents seriously.
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  #5  
Old 12-13-2015, 08:44 AM
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"Waiting on the red light, the passenger told the driver to make a right instead"

Is the driver trying to shift the blame to the passenger?
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  #6  
Old 12-13-2015, 04:10 PM
rickrick24 rickrick24 is offline
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Quote:
Originally Posted by safran View Post
"Waiting on the red light, the passenger told the driver to make a right instead"

Is the driver trying to shift the blame to the passenger?
No. Every attorney I have met with has pointed at that as a factor the court will look at, so I included it in the facts section of my post.

The driver holds the sole responsibility for getting behind the wheel while under the influence of alcohol, but several factors affect the punishment handed out.
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Old 12-13-2015, 04:16 PM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by rickrick24 View Post
No. Every attorney I have met with has pointed at that as a factor the court will look at, so I included it in the facts section of my post.

The driver holds the sole responsibility for getting behind the wheel while under the influence of alcohol, but several factors affect the punishment handed out.
They are correct in that the Court will look at it...as a factor that placed other people at substantial risk of injury or death.

The passenger asking the driver to do something clearly dangerous to life and limb of self and others is NOT a mitigating factor. After all, the driver should have had the faculties to have said no, even if they were only at a .09 at the scene. Although given the claim that the blood draw sometime later was .084 says that the retrograde extrapolation testimony will illustrate that he was more likely somewhere around .12 or .13, if not higher at the time of the accident...

Of course, I doubt you are getting much in the way of a true opinion from local counsel since you are 'asking for a friend.' So if you are truly talking to THAT many local attorneys, that suggests 'your friend' is you, in which case you need to stay off the web and use that time in rehab-oriented programs.
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Old 12-13-2015, 04:36 PM
rickrick24 rickrick24 is offline
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Okay, that makes sense.

I did not want to post specific information, so I altered some numbers. The actual BAC may have been lower at the time of the accident, but still in the 0.09-.10 frame.

If you were forced to take a guess at what the sentence would look like, what would you guess? Does the 6 month rehab program sound about right?

Thank you.
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Old 12-13-2015, 05:17 PM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by rickrick24 View Post
If you were forced to take a guess at what the sentence would look like, what would you guess? Does the 6 month rehab program sound about right?

Thank you.
I'm not going to guess what might happen in California because, as I noted earlier, they are WAY to soft on this sort of offense. Had you been in Texas, I would have told you that a good outcome would be 120 days in jail followed by somewhere around 8-10 years of probation. The probation could very well include the SAFP component, although I personally believe that program to do little for the alcohol-offender.

Oh and don't forget the suspension of driving privileges that would come with the conviction and the requirement for an ignition interlock if an occupational permit were to be granted...the interlock device would also be required at the conclusion of the statutory suspension, along with the mandatory fees under the Driver's Responsibility Program.
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  #10  
Old 01-10-2016, 09:35 AM
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Here is what ca dmv says
https://www.dmv.ca.gov/portal/dmv/de...fety/dsalcohol
Link does not go into much about what to expect as far as sentencing goes.
But thought it may help.
Retain an attny if you have the funds to do so.


question tho.
Did the other driver have a green light? Or was that driver preparing to stop at the light? (just trying to get a picture of the intersection/situation as far as who was where, when)
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Old 01-11-2016, 07:36 PM
2sleepy 2sleepy is offline
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Quote:
Originally Posted by rickrick24 View Post
Asking for a friend...

Charged with a felony DUI with great bodily injury. Here are the facts of the case.
  • 27 year old male.
  • No priors.
  • Blew a 0.09 at the scene.
  • Took a blood test at the station (0.084)
  • Passanger in car suffered a fractured pelvis.
  • He is recovering fine, and was released from hospital.
  • No surgery needed. Will require physical therapy however.
  • Lone individual in the other car was not hurt.

The accident occurred as follows:
Waiting on the red light, the passenger told the driver to make a right instead. The driver, without looking, attempted to make his way across the next to lanes in order to get to the first lane to make a right turn. A car that was going straight then t-boned my friends car.

Wondering if anyone here went through a similar situation/charges.
Met with a few attorneys, they have all mentioned they would plan to have my friend released into a rehab center for 6 months and then maybe would have to serve 180 days in county jail.

Any information on what to expect would be great.

Thanks.
This the penalty for DUI with GBI:

Two, three, or four years in the California State Prison, with an additional and consecutive three to six year prison sentence if any victim suffers great bodily injury

a “strike” on your record pursuant to California's Three Strike's Law if anyone other than yourself suffers great bodily injury,

an 18- or 30-month court-approved DUI school,

Habitual Traffic Offender (HTO) status for three years, and

a five-year revocation of your California driver's license.
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