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AH is in court this AM

Old 04-20-2012, 11:19 AM
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AH is in court this AM

The day has finally come for AH to go to court for his DUI. I haven't asked about it and I, obviously, didn't go with him. I told him I would be praying for him but that's about all I said.

He also found out that his dad is probably being put into hospice this weekend so I know he's stressed out enough. I'm so glad that I'm sticking to my side of the street. I am actually at peace this AM and just going about my business. Kinda nice for a change!
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Old 04-20-2012, 12:02 PM
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A first time DUI with no criminal history is pretty much a slap on the wrist. Community service, suspended license, some treatment and/or a few mandated AA meetings. Jail time would be extremely unlikely. In my city where guns are illegal & a felony, people are getting probation for carrying guns. The mandatory DUI sentencing are not always enforced either. I'm not excusing your husbands behavior but trying to point out the "worst case scenerio" that some people think does not happen. Hopefully, the trauma of getting arrested, handcuffed, fingerprinted ect... will be a wake up call for your husband.
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Old 04-20-2012, 02:59 PM
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Originally Posted by Justfor1 View Post
A first time DUI with no criminal history is pretty much a slap on the wrist. Community service, suspended license, some treatment and/or a few mandated AA meetings. Jail time would be extremely unlikely. In my city where guns are illegal & a felony, people are getting probation for carrying guns. The mandatory DUI sentencing are not always enforced either. I'm not excusing your husbands behavior but trying to point out the "worst case scenerio" that some people think does not happen. Hopefully, the trauma of getting arrested, handcuffed, fingerprinted ect... will be a wake up call for your husband.
Not here in AZ! Everyone does jail time even if they are .08! And, my AH was a Super Extreme DUI for the state of AZ at .229 so he has higher penalties assessed. He will have to have the ignition interlock for 18 months, jail time is 45 days and I've read that the judges aren't allowed to waive any of that time, and the suspension on the license of course.

My therapist has a friend who had a .14 BAC and she did 45 days, with work release on the weekdays) in jail, it was her first offense! Had to have the interlock for 12 months, did all the alcohol classes, and lost her license for 90 days. AZ is not DUI friendly, thank goodness.

He came home a few minutes ago and he changed his plea after meeting with the judge and the lawyers. He has entered a plea bargain with the prosecution so his next hearing is some time mid-May. So, for now, he's back in the waiting game.
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Old 04-21-2012, 08:50 AM
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Well, his lawyer had him change his plea from not guilty to guilty. He entered a plea deal with the prosecution and he goes back to court in May for the final show, so to speak. Looks like he's getting 14 days of jail(45 days but they suspended 31 days if he agrees to get an ignition interlock installed in his car) with work release and will be there on the weekends.
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Old 04-21-2012, 08:51 AM
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Originally Posted by anvilhead View Post
good job on staying hands off!
Thank you, it's been hard! I can tell he's not sharing everything about the court proceedings with me so I'm working hard at keeping my mouth shut and not asking questions. When/if he's ready to tell me then I'll be ready to listen.
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Old 04-21-2012, 01:18 PM
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"A super extreme" DUI? I never heard of such a thing. I mean driving drunk is driving drunk. Will he have to go to that tent city jail with Sheriff Joe? That looks like a tough place to do time & should be unconstitutional.
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Old 04-21-2012, 01:23 PM
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Originally Posted by Justfor1 View Post
"A super extreme" DUI? I never heard of such a thing.
I have family in Arizona so I'm familiar with the term. Here is a good explanation from a local attorney: 5 Things You Should Know About Arizona Super Extreme DUI Convictions : Arizona DUI Defense Blog
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Old 04-21-2012, 01:36 PM
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Why would drunk drivers even blow into the breathalyzer machine if they know they been drinking all day & 3-4X over the limit? In my state we have the right to refuse the breathalyzer machine unless there involves a fatality. I have a cousin who is an active addict who steals from my family so I post in this forum. But I am also an alcoholic/addict & I have 3 DUI's and never did any jail time. They were quite a while ago so maybe that's why?? Having a alcohol breath machine in a car doesn't solve the problem either because the person could still smoke pot & do cocaine all day and drive.
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Old 04-21-2012, 02:22 PM
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Originally Posted by Justfor1 View Post
"A super extreme" DUI? I never heard of such a thing. I mean driving drunk is driving drunk. Will he have to go to that tent city jail with Sheriff Joe? That looks like a tough place to do time & should be unconstitutional.
The tents are not a tough place to be, just jail. Those on work release have it much easier than anyone else since those in the know tell them that they also do side work so need out 3am-10pm or later.
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Old 04-21-2012, 02:37 PM
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Originally Posted by Justfor1 View Post
Why would drunk drivers even blow into the breathalyzer machine if they know they been drinking all day & 3-4X over the limit? In my state we have the right to refuse the breathalyzer machine unless there involves a fatality. I have a cousin who is an active addict who steals from my family so I post in this forum. But I am also an alcoholic/addict & I have 3 DUI's and never did any jail time. They were quite a while ago so maybe that's why?? Having a alcohol breath machine in a car doesn't solve the problem either because the person could still smoke pot & do cocaine all day and drive.
People that get dui's with illegal drugs in their system have their licenses suspended for the duration. Refusing a field test, or blood draw once arrested just means that they obtain a quick court order for the blood draw. Everybody does at least 24 hours at some point, and it goes up from there depending on the level. One of friend's family did over 12 months, another 7 months, and yet another one 18 months...which means a DOC number, I believe.
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Old 04-21-2012, 02:55 PM
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Originally Posted by lizatola View Post
Not here in AZ! Everyone does jail time even if they are .08!
Exactly. AZ has some of the toughest dui laws anywhere, leaving basically zero wiggle room as far as pleas, requirements, and sentences. It's actually more of a zero tolerance state since any BA can get a dui. AB (first offence) had 18 month ID, license suspended, jail, classes, fines, etc. Sister (first offence) had super extreme and had license revoked, jail, classes, fines, etc. When she had to do her time in jail and asked us for a ride down there we told her call a cab. When arrested she was drunk and loaded on morphine...she still got the super but they dropped the drug charge since it was "script".

Good luck to you, lizatola.
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Old 04-21-2012, 03:20 PM
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Originally Posted by Justfor1 View Post
"A super extreme" DUI? I never heard of such a thing. I mean driving drunk is driving drunk. Will he have to go to that tent city jail with Sheriff Joe? That looks like a tough place to do time & should be unconstitutional.
Yes, it will be at tent city. My AH is a supporter of Sheriff Joe, I wonder if that will change after his time there?

I have a friend whose AH got his second DUI in back in the fall. He is now doing 4 months in PRISON, they don't let you go to tent city for the second I guess!! AZ is NOT a good state to get a DUI, but it is what it is and he'll have to do his time.
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Old 04-21-2012, 03:37 PM
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Yes, it will be at tent city. My AH is a supporter of Sheriff Joe, I wonder if that will change after his time there?
:rotfxko
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Old 04-21-2012, 04:28 PM
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Originally Posted by wicked View Post
:rotfxko
No problem, glad I could provide the giggle! My therapist had a friend who did 45 days there and she said the rumor in the jail is that Sheriff Joe's sister owns the company that provides all the vending machines in the jail. She said the prices were crazy and that they only allow you to bring $40 with you when you get processed in. I'm sure my AH will hear all about Sheriff Joe. He already hates lawyers, I'm surprised he's pro-sheriff to begin with, LOL!
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