Kansas Felony DUI (4th)
Posted 10 January 2013 - 01:30 PM
He was wounded in Oct of 2006. He was finally sent back to the states a month later after coma. Then back to home station Jan of 2007. He got his 1st DUI in Aug 2007, got diversion and went to tratment at the VA. 2nd DUI FEB 2008, 3rd-Jan 2011. After the 3rd He was a new man or we thought; he was going to PTSD GROUP at the VA Once a Week, and AA 5-6 times per week. His wife got ill in late Oct 2012, and it became serious secondary PTSD by the middle of Dec.2012. Instead of her being his caregiver he became hers. DEC 22 he was finishing his Christmas shopping and stopped for supper, I don't know what made him do this, but he drank 2 beers. Left to go home and was rear ended. He was in his daughters car With out interlock. Field bac was 1.16 He made it 23 months clean and sober! What is severe - minimum punishment one could expect. He has never been in trouble with the law; he is 49 years old and had a 29 year carreer in the ARMY. He just began getting these DUI's after his return from his second deployment.
Posted 10 January 2013 - 01:39 PM
Posted 10 January 2013 - 01:40 PM
Posted 10 January 2013 - 01:56 PM
He has never been in trouble with the law; he is 49 years old and had a 29 year carreer in the ARMY. He just began getting these DUI's after his return from his second deployment.
4 DUI's in less than 6 years IS serious trouble with the law. DUI's are not minor traffic offenses. In answer to your question, AHK provided you a link to the DUI statute. See subsection (g): "(1) On the fourth or subsequent conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this paragraph may be served in a work release program only after such person has served 72 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program."
Posted 11 January 2013 - 12:44 AM
He really needs to get assistance from a lawyer for this. The felony DUI and the misdemeanor for the IID violation may result in him spending some significant time behind bars. He is to be commended for his service to his country, and I'm sorry to hear of the injuries he suffered from that service. He’s apparently been through a lot, and that’s unfortunate. That background might help him at the time of sentencing if convicted, but won’t be admissible at the trial when determining guilt. The problem is that when sentencing him, the court would also consider that he’s had 3 prior convictions and he still hadn’t got the message that he should not drink and drive. The violation of the IID restriction also suggests he doesn’t take the terms of his sentence very seriously. In my experience most judges don’t like defendants who repeatedly violate the law and don’t follow court orders. They tend to sentence those defendants more harshly hoping to make the point that this kind of behavior isn’t tolerated. A skilled attorney can help him get the best possible outcome out of this, but that best possible outcome might still be some time in jail or prison, though perhaps less than he’d get without legal help.
He also will need to do something to stop the drinking for good. If he gets a 5th DUI conviction, the state will permanently revoke his license and he will never get to drive again. No state will give him a license while his license is revoked in Kansas, so moving out of state wouldn’t help with that. That’s in addition to the other serious penalties, including prison time, that he’d face. Not having a driver’s license will limit him in a number of ways, from what jobs he’ll be able to get to where he can live and still access things he needs for living like grocery stores, etc.
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