Sentencing, Plea Bargains Prison Prior Enhancement

D

Duck70

New Member
Jurisdiction
California
First lemme say, I'm in treatment and not proud of my actions.

I was convicted of felony DUI in January 2009 and sentenced to 2 years in prison, which I served 1 year actual time. Then in 2010, after my release, I committed the same offense again. I was sentenced to 3 years plus a 1 year "prison prior enhancement", ALL SUSPENDED and sent to long term treatment with 5 years formal probation. I competed the treatment and the probation successfully. Now, 5 years and 6 months after my last felony conviction and over 6 years since I was released from prison I am charged with another felony DUI. As I read the law for imposing a one year prison prior enhancement, I believe I am OUTSIDE the window of time that it can be imposed. My public defender seems lost. Can someone please tell me definitively what I'm looking at in this regard?
Thank you.
 
Duck70 said:
Can someone please tell me definitively what I'm looking at in this regard?
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Yes, talk to your lawyer about the potential penalties you are facing.
Get yourself into treatment ASAP, as that could help you at sentencing time.
Make sure your treatment program coordinates their efforts with your lawyer.
The harder you work to fix yourself, the more you lawyer might be able to help you.
Bottom line, mate, handle your business this time.
I wish you recovery and good health.
 
Thank you so much. I'm definitely following your advice. That evening if relapse is going to cost me dearly. What's your opinion on the prison prior enhancement sir?
 
Duck70 said:
Thank you so much. I'm definitely following your advice. That evening if relapse is going to cost me dearly. What's your opinion on the prison prior enhancement sir?
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My opinion doesn't matter, your lawyer's opinion is the one you need to heed.
 
Duck70 said:
Right. Actually, just posted this hoping someone knows the law. Thx
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Enhancements can be overcome by good deeds on your part, as in rehabilitation = treatment.

Judges often have discretion, especially for certain crimes/offenses.

But, the law says this:
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Prior Convictions - If the defendant has one conviction for drunk driving (DUI or .08%) within the previous 10 years, the minimum jail sentence, DUI school and license suspension are increased.

Two priors within ten years increases the penalties further; three "priors" will result in felony charges (punishable by state prison)

You began this odyssey in '09.
This is '16.
The look back window is TEN years, not FIVE.
Your latest kerfuffle is well within that TEN year period.
That alone bodes poorly for you.

However, your state is having funding issues.
The prison are crowded with REA: criminals, sentenced for VIOLENT crimes.
Offenses such as DUI don't fit the narrative of violent offender, predatory offender.

That often means a person convicted can receive ALTERNATIVE sentencing.

That is why I suggest you get serious about rehab.
You can do things NOW to keep you of of prison LATER.
The things you do today, can lessen or reduce the pain and/or the punishment.

I'm sure you want to break this cycle.
I'll bet you're tired of this and want to stop.
It can, but not unless you get busy fixing yourself.


The law can't do much but hurt you.
Get off of this evil merry-go-round now, mate.
 
Duck70 said:
I'm referring to prison prior enhancement not prior dui conviction. I think it's 667.5.
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I think too many cooks spoil the soup.

You need to talk with your lawyer about anything that you want to know regarding your case.

You have several things going against you.

If you have OTHER priors, that opens a whole new can of worms.
 
I thought this was a place to get some help interpreting or at least with the facts of the law. That's why I'm here...because my Public Pretender is lame. Thanks anyway. Maybe someone else knows.
 
Duck70 said:
I thought this was a place to get some help interpreting or at least with the facts of the law. That's why I'm here...because my Public Pretender is lame. Thanks anyway. Maybe someone else knows.
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Your lawyer has access to everything.
You're taking the wrong approach.
You're innocent until the state proves your guilt, or you cop a plea.
All criminal defendants don't get convicted, nor do they get convicted on the highest charge.
Relax, let the process play out, it takes time.

Use this time to avoid anymore next times.

Don't rush it, mate.

You're as pure and innocent as a one day old baby, insofar as the law is concerned.
The US Constitution affirms and protects your innocence.
Don't help the hangman take your life.
Behave as if you're innocent, be proud and unafraid, the state hasn't proven a damn thing, yet!
Don't do anymore dumb shit.
Don't give them an excuse to cage you.
You're a human being, not a ferocious beast.
Knock off the attitude.
I don't care what you say to me, I'm nobody insofar as your case is concerned.
Behave civilly.
Don't behave as the prosecutor portrays you, a drunken, careless, dangerous, ruthless criminal who must be caged to protect society.

Don't let others define you, mate.

You're no tough guy.
No one is as tough as they portray.
But, hey, it's your life mate.
You're free to throw it away.
It ain't over, yet.
Good luck.
 

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