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Old 05-29-2009, 12:16 AM
 
Location: cornelius
13 posts, read 76,553 times
Reputation: 22

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I have looked at all the laws regarding this, but i wanted to see what others may have been given as a result of bad choices. judges always have discretion, and a good lawyer helps, but i wanted to know what the most likely sentencing would be for having a 2nd dwi in one year while on a revoked license....

like i said, very bad choices....so please spare me the scolding and "holier than thou" comments..ill hear that from family and the courts

anyone with legitimate experiences who have been through this i would appreciate your comments
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Old 05-29-2009, 04:09 AM
 
7,126 posts, read 11,705,167 times
Reputation: 2599
Default Probably under 10 years

Quote:
Originally Posted by mattyarmandocerra View Post
I have looked at all the laws regarding this, but i wanted to see what others may have been given as a result of bad choices.
In some cases (not enough) repeat offenders have rec'd 7-8 years when they killed someone. Manslauther. Need more info on your situation. How many people were hurt or killed?

Not lecturing, like you said the judge will do that. Just curious about the killed or injuried list. I'm sure you will get less time if no babies were killed.

Good luck
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Old 05-29-2009, 07:19 AM
 
Location: Charlotte, NC
3,365 posts, read 10,023,921 times
Reputation: 1948
I will start by saying I dislike drunk drivers.(OK got that off my chest).

If nobody was hurt in anyway, expect to lose the license for a couple more years.

Have seen others with similair usually around a years custodial time suspended for a 2-3 year term, with several hours community service, if you are caught driving in that time you would be sent down with time added.

Would be surprised if you where given any immediate jail time, judges seem to favour a rehabiltation system, if you have a drinking problem, then having started consuling before you get to court will help etc.

I am hoping you will learn from this and good luck.
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Old 05-29-2009, 07:50 AM
 
Location: State of Being
35,879 posts, read 77,491,785 times
Reputation: 22752
Every case is so different. If you have other offenses on your record, that will factor in. (If you don't, that will surely help w/ mitigation). I have known people who have had good attorneys work out things w/ a judge and come up w/ innovative approaches - education, license restricted to driving only to and from work for x years, substance abuse rehab, etc. However, I have seen a judge throw someone in the pokey for a matter of months on the second offense w/ a revoked license (the person had a history of drug abuse and had been thru/ drug rehab twice before and had assault charges on his record).

I would get myself the best attorney possible and I would voluntarily seek out substance abuse counseling to prove I was serious about turning things around.

You are gonna have to prove to the court that you sincerely want to turn around your lifestyle habits. Sometimes, bad things have to happen b/f we recognize that we need to do that. I wish you success in dealing with a tough issue. This can be a turning point in your life. I hope the judge will work with you so you can get on a different path for the future.
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Old 05-29-2009, 07:56 AM
 
Location: cornelius
13 posts, read 76,553 times
Reputation: 22
No worries, i dont know anyone who can say they do like drunk drivers and not be ocstrized by anyone with common sense

everyones situation is different due to life experiences, how they were raised, and who they surround themselves with is also very telling of a persons character i am accepting of the consequences(which are numerous and financially going to cripple me for many years-just bought a new car 1 year ago, owe 18,000, insurance is going to go way up and cant drive for two year minimum...and so on) that are the result of very, very bad choices that were completely preventable had i not made a whole seiries of outright arrogant, stupid choices leading to this event. Like i said, i dont like myself very much for having been so irresponsible and flat out making dumb choices again and again(especially since i have always held myself to very high standards of conduct and how every thing you do reverbarates to others- especially to the ones you love, and in return show thier support for you)

And, of course, the more materialistic accomplishments we are almost obliged to do, such as a degree from a top business school;

graduated in 3 years and earned many accolades and respect from not just peers, but my mentors, teachers, and others who helped guide me to be as accomplished as i could be if i didnt waste my talents. Because i didnt find much that was to difficult for me to study or learn in short period of time. (i WASN'T one of those real straight edged, no-nonsense, button up shirts, and socially awkard due to lack of interaction with the world, type of person.) i liked to surprise people, letting them make those very quick judgement calls based on anything deemed 'wtf' by others, just so i could prove them wrong. i would party longer than everyone, hold my own when we drank( never drove once in college), and always trying to include everyone into whatever i was doing even if i didnt know you until 10 minutes ago. Met some of my best frineds from doing this. its like dating or trying to find a house, car or any decision that takes processing of all things that would affect or be affected by the decision you are faced with. you'll meet lots of people at a bar or party and you say the common, but never taken without a whole bucket of salt, "that we should hang out some time or come to a party with me at a friends." the one or two people out of many you met have acted on the promise or pretence of friendshipthat you made ovr a few hrs, cuz you rambled on, LIKE RYT NOW....AND CONTINUING...WITH THAT THEME..... and also though that you both naturally enjoy the same things in life, or have a sense of the world from a differnt point of view that makes us both better to handle the roller coaster of life.

i appreciate the well wishes, and your honesty in expressing your feelings about DD. noone was hurt, thank god cuz i wouldnt want to have that burden on me. thanks again
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Old 05-29-2009, 08:08 AM
 
Location: State of Being
35,879 posts, read 77,491,785 times
Reputation: 22752
You family can forgive and move on as long as you do the work and walk the line. Looking back only helps in the sense of seeing trends and understanding one's history. You have to look forward from here out and it has to be one step at a time. Decisions are not made in a vacuum . . . and decisions made while one is impaired will rarely be good decisions. You screwed up. You screwed up again. It is what it is . . . the measure of a person is whether or not he/she can assess what has led to this moment in time . . . and figure out how to rectify the situation and move forward.

Beating yourself up is a good thing but only to a point. If we start seeing ourselves as victims of our own drama . . . then being a survivor isn't as likely an option. You want to be a survivor of your own bad mistakes. How you got to where you are is not as important as how you are going to get to a new spot on the horizon. Accepting consequences is good but creating a plan so the situation never occurs again is better.

Consider joining a 12 step program, get some counseling - do whatever is necessary to get yourself oriented towards different behaviors and coping skills. It sounds like you are young enuff that this series of bad decisions can be overcome. Just focus on that.

And get a good attorney.
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Old 05-29-2009, 08:31 AM
 
Location: Southwest Nebraska
1,297 posts, read 4,769,773 times
Reputation: 910
I got my first DWI when I was 17 and a junior in highschool. Blew a .21 bac and parents got me an attorney. I had a choice of 30 days in jail or 30 in a treatment center. I took the latter. To me it was a cool vacation. To young and dumb to understand. Went thru probation and AA and other stuff.

Three yrs later did it again, attorney reduced 2nd offense to 1st. and another 30 day treatment and so forth.

Fast forward 27 yrs. I continued to drink and drive lucky to not hurt or kill anyone and quit cold turkey 3 yrs ago. I lost 10 friends to drinking related accidents and many more to drinking illness's and no amount of counciling or AA meetings helped me quit until I wanted to myself. Same as me cold turkey quitting smoking 4 pk/day 20 yrs ago.

Just quit and everything gets better immediately..
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Old 05-29-2009, 09:26 AM
 
Location: Mostly in my head
19,855 posts, read 65,824,181 times
Reputation: 19378
Along with AA, please find a psychologist to help you work on accepting yourself and figuring out what drives this party behavior. The right person can make a huge ddifference in your life. Good luck!
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Old 05-29-2009, 12:19 PM
 
1,039 posts, read 3,005,303 times
Reputation: 485
I have seen people get off with nothing and people go to jail for a few days. I lawyer will not only help you figure it out but will also know which judges are more strict. The again if I were you I might just save my money on the lawyer, go in by myself and accept whatever punishment they deem appropriate. Then move on... the lawyer will definitely prolong this whole process A LOT.
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Old 06-11-2009, 04:28 PM
B37
 
14 posts, read 57,371 times
Reputation: 19
In NC, you will go to jail for a minimum of 1 year.
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