Alcohol & Drugs: DUI, DWI my daughter

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cyndid18

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in 2006 my daughter had a dui wreck that injured not only herself but someone else. She was 18 at the time and although i havent seen the results i heard they were 3x the limit even tho there isnt a limit for underage drinkers. also found out she has a liver disorder that doesnt process alcohol properly but the judge never heard it. then on 3-4-10 the case went to court (even the other victim was there and said she had been told my daughter had died at the scene and was shocked to hear about court proceedings almost 4 years later). needless to say they gave my daughter 10 years (3 year cap serve 18 months) under ga 1st offender law. Now the other victim said she didnt feel my daughter belonged in jail and we had a idiot lawyer who didnt even tell the judge some of the alternate punishments we had suggested-she went to jail on 3-19-10 and we are really confused as to what our next step is. we have been told so much by so many. She was given a pre-sentencing interview on the 3rd day she was in jail (defeat the words pre-sentence huh) and we were told that at 30 days they would do a "review" whatever that means. I need some real advice as my lawyer hasnt responded to me-HELP! What can I do for her when i am out here and she is in there? she has already had investigators see her 2 times for guard issues and has been moved to the medical pod in Gwinnett county-what is a review? who does it? how do i find out her GDC # and possible day of release? help help help
 
Call the unit and ask about her.
See if they will allow you to visit her.
I suspect they'll evaluate her fitness to be incarcerated.
Once that is done, she will be found unfit to stay in prison.
Then her release will be arranged under some special conditions.

The entire thing might take up to six months.
In her condition, I predict she will be out and at home (or a halfway house) by the 4th of July.
 
I pray you are right my friend. I still am amazed as was the probation officer that gave her her presentencing interview -that she got 10 years on a first offense. we go to see her 2 times a week-was for 45 minutes but they added more time slots so they knocked it down to 30 minutes. i just hate i cannot hug or touch her. Her and her husband got married october 4th last year and they havent touched each other in over a month. he is not doing well. she fell and hurt her back do to improper shoes and a slick basketball court-she has been locked in her room for over 4 hours due to an electrical issue and missed breakfast and lunch (got breakfast but milk was already hot and sour). she has had many issues already.I have been looking for you since i spoke to you last but couldnt remember the website till today-
 
That does sound like a severe sentence.

I doubt the liver-disorder matters, what matters is what her real level was at the time of the accident. I'm unaware of any liver disorder that gives false elevated readings.
 
It is a liver disorder that doesnt break down alcohol properly- What is the liver's role in processing alcohol?

The liver breaks down alcohol so it can be eliminated from your body. If you consume more alcohol than the liver can process, the resulting imbalance can injure the liver by interfering with its normal breakdown of protein, fats, and carbohydrates.

What it does is it can hold off the effects of alcohol till hours later. eating is worse thing to do as it slows it down even more -
I was not allowed to bring it up in her case at all
 
Unfortunately you are a bit late to do an appeal. If you had any issues they are beyond appeal right now unless you do a habeas corpus. I didn't hear any real grounds though. Look up her name here: Inmate locater. You should be able to get her GDC# there. Get on her visitation list, tell her to behave and take every sentence reducing class and activity she can. I'm not sure how quickly they earn good time but I can look if you want more information. Send me a PM and I'll do some research for you.
 
I don't see that the liver disorder is significant at all. She was 18 and should not have had ANY alcohol in her system. I also don't see a reason for medical release... there are people with worse problems that are incarcerated.
The DUI was a crime against the state, not just the woman that was injured. Her own opinion regarding sentencing would not carry too much weight, nor would your own alternate punishments... who gets to choose their own punishment?

Anyway- a DUI that results in an injury is a felony offense, and a three year sentence is not out of line. From what you provide here I don't see anything that is too alarming.

She likely won't serve all 3 years. Parole after 18 months is likely.
 
Might moose-harsh words-but true-No we dont get to chose punishment but thought rather then just throw her in jail if the judge wanted to make an impact and justice was really about rehabilitation then the sentence should have had something to do with changing the behavior. She got no fines or classes mandated which to me was asinine. I had suggested to our lawyer -Victim impact panel, mandatory AA attendance, DUI class,drug testing at her expense and house arrest for the entire 18 months. As it stands all she is "learning" is that cops are mean and disrespectful and that she is less than human. How is this going to help? She has been made to sit in her own blood from her period for over an hour because the guard was busy playing on the computer-her next door neighbor lost her son and the same guard would go by this lady's door kick it and say "because of your lifestyle (she is a married lesbian) that is why your son was killed". Repeatedly over a 2 day period. My daughter stood up for this woman and signed the affidavit the investigator brought. what punishment did the guard get after the ladies were told she was transferred -2 days off and back she came to the same pod to terrorize them. Now in my opinion that is a hate crime and my daugther's deal was inhumane. I know she isnt in there for fun but for punishment but if punishment is meant to teach people the rights and the wrongs -WHERE IS THE LEARNING IN THIS???
 
Might moose-harsh words-but true-No we dont get to chose punishment but thought rather then just throw her in jail if the judge wanted to make an impact and justice was really about rehabilitation then the sentence should have had something to do with changing the behavior. She got no fines or classes mandated which to me was asinine. I had suggested to our lawyer -Victim impact panel, mandatory AA attendance, DUI class,drug testing at her expense and house arrest for the entire 18 months. As it stands all she is "learning" is that cops are mean and disrespectful and that she is less than human. How is this going to help? She has been made to sit in her own blood from her period for over an hour because the guard was busy playing on the computer-her next door neighbor lost her son and the same guard would go by this lady's door kick it and say "because of your lifestyle (she is a married lesbian) that is why your son was killed". Repeatedly over a 2 day period. My daughter stood up for this woman and signed the affidavit the investigator brought. what punishment did the guard get after the ladies were told she was transferred -2 days off and back she came to the same pod to terrorize them. Now in my opinion that is a hate crime and my daugther's deal was inhumane. I know she isnt in there for fun but for punishment but if punishment is meant to teach people the rights and the wrongs -WHERE IS THE LEARNING IN THIS???

Its not the cops fault, maybe you mean the prison guards? I agree the punishment is a bit harsh but the judge is "trying" to teach a lesson here. Some jail time is good, lets her see what it will be like if she continued down the wrong path. Point is what if that other driver would have been hurt more or even died. Thats what point the courts are trying to make here. I hope you can do something to get her out early. You know, her friends and other family members know she is a good person that did a stupid thing. We have all done something stupid at one point in time. This does not make her a bad person. Good luck stay strong and hopefully somehow, someway your lawyer can get something changed.
 
I am sorry -should have said guard-Yes I agree -but the courts dont or shouldnt run on what if's but on what did happen. They are not morality judges they are actuallity judges. My lawyer is a waste of air and has yet to reply to 3 emails this week. I have no clue how to get information on her about her or her sentence. Agreed the lesson of "i dont want to be here again" will be learned but shouldnt they also learn how not to get themselves in the situation again. Am I beating a non listening horse as far as the judicial system is concerned? I know as her mom I am a little biased (haha) but I too am grateful that neither her nor the other driver where killed and only temporary injuries (although my daughter still suffers daily from breaking her neck and back it is a small price to pay). You are one of the few people to understand she is a good person who did a bad thing. Thanks for listening and replying
 
. . . The Judges may also feel compelled by the M.A.D.D. lobby to give ever increasing stiffer sentences, as well as those mandated by new laws. It seems every year in Michigan the laws against drunk driving get stiffer, more severe, and give the Judges less flexibility in their sentences.
 
Cyndid18,

We think of our 18 year old offsprings as still our "babies". Yet in jail or prison they are considered full adults. They are there to defend for themselves regardless of their personal makeup. My 18 yr. old son was incarcerated. He has pervasive developmental disorder. (basically the social skills of a 13 year old in an 18 year old's body).

After paying bail and waiting for his release I was told to go home and wait. He potentially could have been released at 2:00am and put out on the street!! Luckily this didn't happen, but it made me upset that the SYSTEM did not care enough to provide the protection that I felt was necessary for him. They would tell me NOTHING as to when he would be released or even if he had been advised that he was being released. I was left very frustrated.

Unfortunately at 18 you basically lose all rights to governing your child's life. I'm not saying to not be there for your daughter, I'm simply saying that it will be much more difficult.
 
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Flariptide-dont I know it-although my daughter was 18 when the wreck happened she was incapacitated for almost 4 months afterwards. And now almost 4 years later she in a place that no one -not even her husband-can get any answers. I did however find out yesterday that a good friend and my daughters best friend when growing up -her mom is the aunt of the jail commander where she is at. he has agreed to review her file and tell us what he can. She still has not rec'd her meds for anxiety that the doctor agreed to over a month ago. I appreciate all your replies to this thread. I pray daily that this will be over soon!
 
didnt take it that way I promise-I know i am sensitive where my daughter is concerned but i have always felt that all humans deserve a certain amount of respect. i also understand that the guards have a job to do and it isnt an easy one. But as a person who believes that even criminals deserve the benefit of the doubt and deserve to be treated humanely, i see the way my child and others in there have been treated and she has only been there a month and 5 days. We were told yesterday that once she gets into the state person we can then go to the parole board and ask for her release. So an internal friend and jail commander is going to let us know what he finds out next week. I watch tv and read news and it amazes me that habitual offenders get off with a weaker sentence than her and hers was a 1st offense. I dont understand how or why the judge threw the book at her when i witnessed others get off with more criminal activity under their belts. I wonder is there anything i could have done or still can do and I have no one to ask those questions of, therein lies my frustration. I dont take offense to anyone saying she deserved to be punished as i too believe that but i do not agree with the punishment. I think to throw someone in jail to teach them right from wrong on a non violent first offense is not the route that should be taken. it should be an opportunity to rehabilitate them not throw them in a cell. there is no rehabbing in prison., the unrehabilatable (i know not a word) or repeat offenders should be there but as a 1st time the golden opportunity to change behavior is only available 1 time. i worry she wont learn what the judge hoped she would until she gets out. they dont have aa or other programs she can attend in there at least not on a regular basis-i have sent her the aa handbook and many self help books but unless it can be built on what good will it do in there?
 
i worry she wont learn what the judge hoped she would until she gets out. they dont have aa or other programs she can attend in there at least not on a regular basis-i have sent her the aa handbook and many self help books but unless it can be built on what good will it do in there?



She'll do just fine, if you keep supporting and teaching her.

She appreciates the gravity and severity of the situation, now more than ever.

You have to keep reinforcing to her that someone is dead, and look at what she did to herself.

It didn't happen because she was praying in church, or wiping the fevered brow of an ill child.

This happened to her because she engaged in unsavory behaviors.

You and I both know, that anything detrimental that has ever happened to either of us, occurred because we failed to heed to voices of wisdom in our heads.

We knew better, yet we proceeded anyway.

Life is about choices.

Choose poorly, negative consequences abound and compound.

Choose wisely, you prosper and thrive.

She, I'm sure recognizes that more with each passing day.

She'll be out no later than July 4th.

If not, she'll be home by Christmas.
 
thank you -to clear the air -no one was killed in her wreck.
I write her daily and send her inspirational and stay positive stuff.
thanks for all your advice my online lawyers!!
 
Might moose-harsh words-but true-No we dont get to chose punishment but thought rather then just throw her in jail if the judge wanted to make an impact and justice was really about rehabilitation then the sentence should have had something to do with changing the behavior. QUOTE]

Justice is NOT about rehabilitation. At least not in our country. Why do you think there are thousands of harmless marijuana USERS in jail right now? For the sake of rehabilitating them? Sorry.
 
Might moose-harsh words-but true-No we dont get to chose punishment but thought rather then just throw her in jail if the judge wanted to make an impact and justice was really about rehabilitation then the sentence should have had something to do with changing the behavior. QUOTE]

Justice is NOT about rehabilitation. At least not in our country. Why do you think there are thousands of harmless marijuana USERS in jail right now? For the sake of rehabilitating them? Sorry.

marijuana is illegal just as is stealing or drinking and driving. If marijuana users are in jail then its not their first time being in trouble as most first time offenders pull no time.
 
She'll do just fine, if you keep supporting and teaching her.

She appreciates the gravity and severity of the situation, now more than ever.

You have to keep reinforcing to her that someone is dead, and look at what she did to herself.

It didn't happen because she was praying in church, or wiping the fevered brow of an ill child.

This happened to her because she engaged in unsavory behaviors.

You and I both know, that anything detrimental that has ever happened to either of us, occurred because we failed to heed to voices of wisdom in our heads.

We knew better, yet we proceeded anyway.

Life is about choices.

Choose poorly, negative consequences abound and compound.

Choose wisely, you prosper and thrive.

She, I'm sure recognizes that more with each passing day.

She'll be out no later than July 4th.

If not, she'll be home by Christmas.

What makes you think she will be home by July???
 
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