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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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DUI

Customer Question

my husband had 2 dui charges, went to prison and while on parole got another dui, but they didn't charge him. they said if he got another one then they would pick up the one they dismissed also. he is no longer on parole and it has been 3 years since the one that was dismissed, but he got a dui last month on his motorcycle on the indian reservation where his father lives. my question is this, can they charge him with a dui if they already dismissed it? And what is usually the consequence for 3 dui?
Submitted: 11 years ago.
Category: Legal
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


I will be happy to assist you.


Please let me know the city/state wherein your husband received the DUI.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Expert:  Coleen Hoffmeister replied 11 years ago.

Yes they can go back and get the other DUI. The DUI he received on parole was a freebie and he didn't get the warning. The consequences of a 3rd DUI is called "three strikes" which means he will be given the maximum sentencing with no holds barred for the judge to sock it to him.


Unless you can afford an attorney who is a miracle worker, I am sorry to say it doesn't look too promising. The only possible way that you might have to get it reduced is because he got the DUI on reservation land.


If your husband does get out of this, please let him know that the police are on to him. If he walks out of his house, they will be watching every move he makes. If he drinks one beer anywhere, he will be under their thumb.


I am sorry your husband does have this illness, as it is an illness. I would advise you to pool your assets and get a good attorney because you will definitely need one. Additionally, your husband needs help, so my additional advice is to seek it from the psychologists, etc. to try to help him. Please, please - do your best to keep him from behind the wheel of a vehicle. If he hurts someone while under the influence, he will go down indefinitely and never forgive himself for hurting someone.


If you think we have answered your question, please feel free to click on the accept button above. Thank you and I wish you the best in your situation.

Customer: replied 11 years ago.
Reply to The Mystic Wave's Post: He received the dui in Oroville, Ca.
Customer: replied 11 years ago.
Does it matter that he was on his off-road motorcycle, and my husband was not actually driving, but had parked the bike and was walking to his brother's door. It was then that the police proceded to give him the field sobriety, which he passed, but failed with a greater than the legal level, the breath test. It was a highway patrol that got him, to my understanding on that reservation they don't have jurisdiction
Expert:  Coleen Hoffmeister replied 11 years ago.

That was my point about it being on a reservation. If you get a good attorney, it may be a legal argument. Since he has a background for DUIs, I would strongly suggest it. It depends on the judge. If he/she is so inclinded to take into account his previous history, it may not matter. Usually, tho, it's still 3 strikes you're out.


It doesn't matter if he was driving or not. If the officer witnessed him driving, the officer's testimony will be enough. Even if your husband was walking TO THE vehicle, with keys in his hands and is drunk in public with an intention to drive, he can be arrested. They are trying to crack down on those who drink and drive because they cause the worst fatilities in the U.S. If I'm not mistaken, California is one of those states that are giving no exceptions to these strict rules.


I wish you the best

Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you for responding to my post.


Regarding the laws in the State of California:


With respect to the dismissal of 3 years ago, if it was dismissed WITH PREJUDICE, parties are barred from bringing an action on this matter. Otherwise, filed WITHOUT PREJUDICE, the court can possibly prosecute this matter - but, there is also the statute of limitations to consider.


It is to be noted that on DUI cases, the court usually permits prosecution of same for at least one year, sometimes longer after the offense occurred.


California currently has a DUI "washout" period of 7 years, calculated from arrest date to arrest date. This means that if someone is arrested for DUI within 7 years of the last arrest date, the new case will be treated as a second offense. However, recent legislation in California has expanded this law to 10 years. This means that more DUI cases in California will be treated as second (or third, or fourth) offenses, with increased punishment for those who thought they were out of the woods regarding a prior conviction. The punishment in court for a second or third drunk driving conviction is much harsher than for a first offense: it involves mandatory jail terms, an 18-month alcohol education program, a required ignition interlock device, and more.


California DUI LAW


This is just a general idea - as I'm not privy to your husband's court file nor, of course, am I a lawyer. Naturally, there is an issue with prior convictions - and what about probation.... although you state your husband is no longer on parole?


The laws have changed here in California, which you are certainly aware of - and I do not wish to mislead you at all.....therefore, I strongly suggest that you consult with an attorney who can advise you/your husband of his rights. If you wish, I can refer you to my former employer who specializes in criminal law.


Please let me know if you wish for further information.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.

Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Adding to my response above, as I did not note your other post regarding the fact that your husband was not driving - however, he was operating the motorcycle (in which to park same) while under the influence.


As far as the 3 DUI's are concerned - it's not what others make it out to be - "3 strikes and your out" making it sound that one will be sent away for life ....as stated above, there are certain punishments regarding the number of DUI's - and, of course, the new laws imposed in California, not to mention that this incident occurred on an "indian reservation", however, before you or your husband think the worst, please seek the advice and counsel of an attorney - and, once again, I can refer you to my former employer......his practice is in Encino, California.....if you so wish, please let me know.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.

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