Legal Question in DUI Law in California

My friend was charged with his First DUI (at age 46) i was in the truck with him. I was injured and spent 5 days in the hospital. No major injuries. He has been to court approximately 4 different times, he goes again August 19, 2009. They are trying to give him a year in jail. Everything that i have read tells me that he should get fines and probation. Can you help me to understand why they want to give him Jail time! He has a Perfect Driving record not so much as a parking ticket!!!!! Thank you for your time.


Asked on 8/11/09, 8:38 pm

3 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

Honestly, it's most likely because of the same concern that has my attention: your injuries. Obviously you care very much about your friend, but it's not realistic to say your injuries were not serious at the same time that you say you were hospitalized for five days. If there is ANY injury, the prosecutor will seek jail time. Your friend is lucky that he's not facing prison for a felony. You really should think a bit more about yourself. You have rights too. For more information, call me: 877-LION-FOR-LAW

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Answered on 8/11/09, 8:54 pm
Terry A. Nelson Nelson & Lawless

Help you understand?? He caused an accident and injuries, while driving drunk. There is a penalty for that, it's called jail, to make a point to him, and others like him, about breaking the law and hurting people. If he wasn't a friend and had injured you or your family, would you be so cavalier about sympathy?? You should be requiring him to pay your damages and losses. If serious about doing so, feel free to contact me.

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Answered on 8/12/09, 1:10 pm
Gary Polston The Law Office of Gary M. Polston

The jail time they want is probably because of the injury. There is a lot of discretion in the DA's hands as to the time they can ask. Your friend needs to work very closely with his attorney if he wants to minimize his potential jail time - good luck

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Answered on 8/13/09, 4:04 pm


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