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AH's sentencing this afternoon

Old 05-16-2012, 12:17 PM
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AH's sentencing this afternoon

I'm taking him to his sentencing. Mainly I want to be there for myself because I feel that he doesn't communicate in a timely manner what is going on with the DUI. Since it affects my time, our money, our son, and our life in general I feel I can be there. I'll post back later!
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Old 05-16-2012, 12:22 PM
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My ex used to "forget" important details about these court dates. Like they took his license. Yes, being married, this is something you need to know.
Okay, hear from ya later.
Beth
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Old 05-16-2012, 05:24 PM
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my husband got a dui 2 months ago and was sentenced to 2 years driving suspension and $2200 fine. Wouldn't have been so bad if he didn't drive truck for a living. I'm thankful that for at least for the next 2 years the streets will be a little bit safer!

If a person wants correct info its good to hear it from the source, so good for you for going to the sentencing!
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Old 05-16-2012, 08:29 PM
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Well, the judge was super nice to him for some reason. Even his lawyer walked out in shock, saying that he's never seen a judge suspend so much jail time. He got 3 days in jail, 11 days of home arrest with a breathalyzer and SCRAM bracelet, 2 months of restricted driving(like that means anything to him since he's been driving on his suspended license anyway),and then about a year with the interlock device on his car. He has his alcohol screening tests scheduled next week. Court costs and fees so far were around $3700, the lawyer cost us $3000 and we had to put about $700 into fixing his wheels on his car because the towing company bent a wheel when they towed it. Oh, and we had $200 in impound fees too, that day.

Oh, and can I tell you how excited I am about the 11 days of home arrest. Oh joy, I am so glad I have plans that one weekend for my son's tennis tournament!!! 3 days of freedom, baby!
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Old 05-16-2012, 08:43 PM
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DUI's are really expensive and can rack up some pretty hefty penalties. You'd think that alone would have deterred XABF's drinking and driving, but it didn't. Right after probation was up he was right out there drinking and driving again.
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Old 05-16-2012, 09:04 PM
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Originally Posted by tabatha View Post
DUI's are really expensive and can rack up some pretty hefty penalties. You'd think that alone would have deterred XABF's drinking and driving, but it didn't. Right after probation was up he was right out there drinking and driving again.
My AH still has some alcohol hidden in his closet, I'm assuming for the same reason. He did get 3 years probation, though, and that strikes me as a long time.
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Old 05-17-2012, 07:07 AM
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What is a SCRAM bracelet? It's not too surprising that he only got 3 days in jail. "Mandatory jail time" for DUI's is not always enforced by the Judge. His car insurance may not even find out about his DUI if he received some sort of "supervision". Car insurance companies are only notified in DUI "convictions".
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Old 05-17-2012, 07:21 AM
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Originally Posted by Justfor1 View Post
What is a SCRAM bracelet? It's not too surprising that he only got 3 days in jail. "Mandatory jail time" for DUI's is not always enforced by the Judge. His car insurance may not even find out about his DUI if he received some sort of "supervision". Car insurance companies are only notified in DUI "convictions".
No, he was convicted but who knows if the insurance will find out. I think our policy is up for renewal in the fall so maybe we'll find out then? A SCRAM is an ankle bracelet they wear and it communicates via satellite to show your whereabouts to the system. Lindsey Lohan had to wear one when she was convicted.

His lawyer had told him that he would definitely get 14 days out of a 45 day sentencing to jail, that was the plea agreement with the prosecution. Well, there have been new laws in place just for the last few months and the judge's interpretation was that he only needed to do 3 days in jail, 11 days of home detention. Like home detention is some sort of punishment??? My AH works from home anyway. He has no problem sitting around watching TV, working, playing on his computer, etc. The only thing he can't do is go swimming because you can't submerge the SCRAM.
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Old 05-17-2012, 09:47 AM
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3 years is a long time for probation.
Will he have to be tested for alcohol weekly while on probation?
My daughter had to do that, and was busted twice!
Since she was in a program with the court they sent her on a "time out" out in the country.
she would call in to see if it was her number or color, then had to go in within a certain amount of time.
She was not DUI though, sigh....she beat up her boyfriend, he did not press charges, but the state does no matter what and of course her BAC was twice the legal limit.
3 years probation.
Well, now his name is in the system and it will come up immediately if he thinks he can drive, and knowing a few drunks myself, he will think he can get away with it.
I just don't know.
Sorry, not very helpful. Feeling crappy today.

Beth
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Old 05-17-2012, 11:07 AM
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Originally Posted by wicked View Post
3 years is a long time for probation.
Will he have to be tested for alcohol weekly while on probation?
My daughter had to do that, and was busted twice!
Since she was in a program with the court they sent her on a "time out" out in the country.
she would call in to see if it was her number or color, then had to go in within a certain amount of time.
She was not DUI though, sigh....she beat up her boyfriend, he did not press charges, but the state does no matter what and of course her BAC was twice the legal limit.
3 years probation.
Well, now his name is in the system and it will come up immediately if he thinks he can drive, and knowing a few drunks myself, he will think he can get away with it.
I just don't know.
Sorry, not very helpful. Feeling crappy today.

Beth
Hugs, Beth, I'm sorry you're feeling crappy! Yeah, I'm glad his probation is that long. Maybe he'll stay sober for that long and give me a break. Well, maybe not, LOL!
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Old 05-17-2012, 11:38 AM
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The judge, and judges like him, are part of the problem, not the solution. Yet another person protecting them from the consequences of their actions. That judge should be disbarred.

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Old 05-17-2012, 12:11 PM
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Thanks liz. I though a SCRAM bracelet was some sort of jewelry the state of AZ gives to drunk drivers who are "super extreme". Did you want your husband to do a long term jail sentence? I mean that Sherieff Joe's tent city jail is currently under review from the Federal government for violations.
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Old 05-17-2012, 12:18 PM
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Originally Posted by Cyranoak View Post
The judge, and judges like him, are part of the problem, not the solution. Yet another person protecting them from the consequences of their actions. That judge should be disbarred.
Well, you may be right, but there may be more to the story also. In the county I live, we have a jail that was built over 20 years ago and has not been modified to accommodate population increases or crime increases. Judges are forced to reduce sentences because there is no where to put them. Home incarceration is also less expensive to the taxpayer because you don't have to provide meals or other necessities. Plus, the cost of the bracelet and monitoring is borne by the defendant. Seems like a practical idea to me...

L
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Old 05-17-2012, 12:47 PM
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My husband got 14 days jail in a program where he was able to leave to go to work each day. They provided no food or bedding. He also got 3 years non-reporting probation. I am very thankful that he has not had a drink since that night 17 months ago.
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Old 05-17-2012, 01:15 PM
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Mine had to obtain and file an insurance SR22 with the MVD before being able to have the license reinstated, which was how the insurance company was made aware of the issues. The insurance rates for SR22 coverage were high. All total with just court costs, fines, ID fees, and classes, the DUI cost over $10K, without attorney fees.

Some of the laws were changed recently yet they're still about the toughest laws in the nation, still with mandatory times, etc, but some of it might be done under house-arrest. Those I've known of doing house-arrest and the long probation usually ended up violating and doing DOC time because they wouldn't maintain with some freedom. Seems to flush them out quick. I think judges know that.
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