Alcohol & Drugs: DUI, DWI DUI/ Vehicular Homicide (manslaughter)

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JD78

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Greetings,

I am seeking information that may help me on a rather difficult matter. My fiance was involved in an accident that that resulted in a fatality in the state of ga. She was charged with Vehicular Homicide and two DUI's (I dont understand how she was charged with two?) when she was taken to the hospital the took her BAC which was a .14.

Two years ago she took a vacation to fl. with her children. while there one of her children snuck out of the room while she was asleep (he was 7 #### the time) to go back to the pool. someone seen him wandering and they called the police and placed him in a holding room at the property. After that the police entered her room, took her youngest child out of the bed from her and placed the child with the sibling. After that the police woke her up (my fiance) and asked where her children were. She entered into a panic (still not being completely awake) and was arrested on two accounts of neglect of a child and one for disorderly conduct. The police accused her of being under the influence of drugs and alcohol in their report, yet despite she was tested by DEFACS and had nothing in her system. At her hearing on this matter she hired an attorney and he told her to take a plea to avoid facing a trial before her peers. He made this suggestion simply because he believed she would not receive a fair judgment being a vacationer to FL. and not a resident. So she listened to him and took 5 years probation with an early term of two. She did all that she was required during her probation.

However, several months before her early term was up she had the accident. She was never arrested upon her release from the hospital for the accident and simply just appeared to all of her court dates following. At any rate, two months ago she was picked up by the local sheriffs dept. on a Violation of Probation from Fl. and has been sitting down there for two months so far awaiting a hearing. I hired her an attorney down there, and all she can tell me is that the state wants to revoke her probation and give her five years to serve over the violation, which later she will have to return to GA. and go to trial on the Vehicular Homiced which they are wanting to give her ten years for.

Fl. seems to be very harsh and it seems they are hung up on her car wreck. In reality she did nothing wrong in fl. and is not a parent that Neglects her children in the least! Before her trip to Fl. she had never been in trouble her whole life with the law!

She is not a drug addict, and before her wreck she rarely ever drank! Now she don't drink at all!! This accident in Ga. was a terrible tragedy, but she is a good woman and would not hurt a flea. She is a very dedicated mother and her life is her children. It seems that there is no hope and these kids (who dearly miss their mother) are going to be forced to grow up without her, which will do monumental damage to their psychological development. She lives is constant agony over the accident, but this deal with fl seems they are trying to punish her for the same crime twice...they are treating her as if they want their pound of flesh. What can be done? I have noticed under VOP laws in Fl. that it appears she can only be found in violation upon arrest for a crime during probation, and she was never arrested by Ga. but was only charged and has not yet had a plea in GA. What should I do and what should I expect?? It is tearing my heart apart everyday seeing how bad these children are hurting for their mom, not to mention my own sufferings being without her and the constant fear that she lives in of loose her children encompassed by her guilt and sorrow she feels for the man who died while she was behind the wheel of a car. She didn't even prepare any of her drinks that night, and I know she would never under most circumstances drove, but she remembers nothing from several hours before the wreck and remembers only waking up in a hospital and officers trying to talk to her.

Can anybody help me try to understand a complicated and unfortunate situation such as one like this? She truly is a good woman, but has encountered a case of being at the wrong place at the wrong time. Why does Fl. wanna make this worse than what it already is???

Any bit of information would be greatly appreciated!

Sincerly
 
I'll try to give you some insight.
When a person is on probation, they are noit to get into any trouble.
They have to walk a very straight path.

If they have a two year probationary period, and complete one year and 364 days.
The get involved in something similar to what your wife did.
The judge can revoke their probation.
The sentencing judge, and that judge alone, can sock them with the original sentence, Say it was five years.
In short, they get sentenced to five years in the penitentiary.
It doesn't matter how close they might hav ebeen, they didn't meet the terms of their probation.

Some states are more lenient in situations such as this.
States in the south tend to be very tough.

Unfortunately for your wife, she's in a tough spot.
You and her have to be patient.
You've hired a lawyer, let the lawyer work.


The state knows they can keep defendants in this situation, and they do to send a message to others and taxpayers.
Florida might eventually relent, and let her go back to GA.
But, every day that she's sitting in a FL jail cell, CAN count against her potential GA sentence.
That is, if she is convicted.

Yes, this is tough.
But, patience is required.
After all, someone is dead.
This is going to be taken seriously, as Florida is demonstrating.
And, Florida does concern itself with what happened in GA, because she was their probationer.
It may not be what some see as fair, but it is legal.
 
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