Habitual Violator caught driving and back in Jail. What are some of the possible outcomes?

[Member9937]

Jurisdiction

Georgia

My girlfriend spent over a year in prison for DUI type offenses. She was released in Dec. 2018 on parole until March 2021. A Ga. State trooper saw her standing beside a disabled vehicle. The car was broken down. She was waiting on a tow truck. The trooper stopped to offer assistance. I think he ran her license plate. The car was registered in a business name. He then became suspicious and asked to see her driver's license. When she could not produce one, he became further suspicious. He asked for ID and she showed him her passport. He ran the passport data and saw all the past DUI's and history with law enforcement. He then started making these assumptions and inferences and came to the conclusion this was her car, she must have been driving, and is probably drinking again. She passed both a breathalyzer and field sobriety test. He searched the vehicle and no traces of alcohol was found. Regardless, he ends up charging her with driving while suspended (M), driving while declared HV (F), and a DUI / less safe (F). She did refuse to give a blood sample back at the police station. Is she going back to prison? He did not actually observe her even driving. What will probably happen? PS - She said the patrol officer went to the house she broke down in front of and asked them if she was driving, they said yes....but, that's hearsay isn't it?....he made the tow truck driver unload the car so he could have it impounded..

 

[adjusterjack]

She did refuse to give a blood sample back at the police station.

A dumb move.

Is she going back to prison?

Possibly. No way to predict. Her lawyer would have a better idea.

He did not actually observe her even driving.

Didn't have to. Read about "information and belief."

Information and belief - Wikipedia

What will probably happen?

I'm not clairvoyant. Her lawyer is a better person to ask.

PS - She said the patrol officer went to the house she broke down in front of and asked them if she was driving, they said yes....but, that's hearsay isn't it?....

Nope. It's "witness testimony."

 

[Disabled Vet]

Say goodbye to her.... She has a good chance of going back to serve out the rest of her sentence. Plus whatever else they convict her with.

 

[Member9937]

Thanks for both of your replies. I agree, she was stupid for taking the risk of driving again. She said something about signing a 6 month waiver in Ga. Any clue as to what she is talking about?

 

[Member9937]

PS - She can not afford a private attorney. What about the public defender they assign for those who are indigent?

 

[army judge]

What will probably happen?

I lost my "magic chicken bones" and unable to prognosticate any future events today, sorry.

She said the patrol officer went to the house she broke down in front of and asked them if she was driving, they said yes....but, that's hearsay isn't it?.

No, that would be "direct observations" of a person who will likely be called to testify against the woman.

he made the tow truck driver unload the car so he could have it impounded

Nothing inappropriate about INVENTORYING a vehicle INCIDENT to an arrest.

She can not afford a private attorney. What about the public defender they assign for those who are indigent?

She should plead not guilty, make no admissions or revelations about the case, she should NOT discuss the incident, she should ask the court if she is eligible for a public defender (if so she should request one be appointed to represent her).

 

[mightymoose]

The officer's actions all seem legitimate.
If she truly had not been drinking (or using any other drugs) she should have provided the blood sample, however she had the right to refuse... but doing so complicates things.
It is possible her parole could be revoked. I would not expect that to happen though... Not unless Georgia prisons are nice and roomy. She had better learn to play by the rules if she wants to stay out of the cooler.

 

[Member9937]

The officer's actions all seem legitimate.
If she truly had not been drinking (or using any other drugs) she should have provided the blood sample, however she had the right to refuse... but doing so complicates things.
It is possible her parole could be revoked. I would not expect that to happen though... Not unless Georgia prisons are nice and roomy. She had better learn to play by the rules if she wants to stay out of the cooler.

Thanks Mightymouse and I agree! She is too old for this crap....almost 54 years old now.