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whatley81 · Apr 27, 2011, 08:23 PM

My ex is being charged for 3dui last one was a car accident where prositcuter is saying he tried to flee after accident and the were injuries slight injuries and his license was suspended he also was on probation for one dui and hasent been going lately and urine screenings which he hasent been going what is he looking at in wayne county Michigan

ITstudent2006 · Apr 27, 2011, 09:14 PM

A third time conviction for drunk driving could result in a felony punishable by 1 to 5 years imprisonment/probation and a fine of up to $5,000.00. Plus suspended/revoked license.

If this is truly only your ex's third, it's a possibility he will be able to plead it down to a second, which is a misdemeanor. This still opens him up to the possibility of one year in county jail, but that is a world away from a felony conviction and state prison time. A lot of what happens at sentencing will be determined by his actions. He will need to be proactive instead of reactive. He will need to demonstrate (not just SAY) that he realizes this is an issue that needs to be addressed. Get him to AA/NA at least three times per week, and get verification (papers stamped/signed). Make a appointment for a substance abuse assessment. (PTO reference)

While this sounds promising, it's unlikely because of his past actions ie: lack of urine screening, lack of seeing PO, etc...

I am also sure that Michigan will "tag" him as a habitual offender and that won't help his case any.

Does he have a court appointed lawyer or did he/you hire one?

whatley81 · Apr 28, 2011, 03:45 AM

HE has a court appointed and he was order counciling and AA but never finished and what about his accident the court is all over that he had a felony warrant that's why he went in I no that's what his charges are

ITstudent2006 · Apr 28, 2011, 05:26 AM

So was there a DUI charge for the accident? Was the felony warrant for the accident or prior to the accident?

What exactly is he being charged for?

Note: Using proper punctuation, spelling and grammar makes reading your posts a lot easier.

whatley81 · Apr 28, 2011, 07:07 AM

Yes a dui for the accident and the felony warrant was for the accident as well

ITstudent2006 · Apr 28, 2011, 07:10 AM

Felony warrant was because he fled? If he fled how can they presume he had been drinking? Unless he fled after the breath test?

Eitherway, unless something went array during the arrest, breath test, etc... I would say expect the MAX, hope for the MIN!

whatley81 · Apr 28, 2011, 07:14 AM

THey said he tried to flee and he just left bar he passed out and did alcohol tests on him in hospital they said he had a very high alcohol level

excon · Apr 28, 2011, 07:28 AM

Hello w:

IT is right. Your boyfriend doesn't appear interested in following the rules... He's had chances to show them that he would. I don't think they'll give him any more. Why would they?

excon

ITstudent2006 · Apr 28, 2011, 07:44 AM

There are a ton of things that can happen. Variants of the MAX, MIN plus some, etc...

But you have an idea of what the MAX is and to be honest, don't think it won't happen.

Your ex has had 2 chances before both with requirements to follow and both time he failed to follow them.

The court will most likely bring the BANHAMMER out this time.

whatley81 · Apr 28, 2011, 12:06 PM

OH I agree completely I think he needs to get hit hard with punishment I was just wondering what they think he would get I hope he gets as long as possible you have to may for what u do