greg775 Posted May 22, 2012 Share Posted May 22, 2012 (edited) I'll make this brief. A friend of mine got his third DUI in the past four years in Vegas a couple weeks ago. He got one in Kansas City, one in Vegas two years ago to go with this one. His court date is in August; he has no attorney yet. He was caught SLEEPING at a red light in his car and I don't know what his blood totals were. He has not received the results. I told him to call an attorney NOW. I told him his license actually might already be suspended as I believe DMZ does not have to tell you it's been suspended. It's your responsibility to find out. My question to u is (perhaps you have gotten DUI or know people who had multiple DUIs) ... 1.) Will judge find out about the DUI in Kansas City? Or will that one remain separate? 2.) Does the fact he was sleeping at stoplight matter in his case? That seems pretty serious/dangerous. 3.) With 2 DUIs, will he serve jail time? 4.) Are there any circumstances you still get to drive your car for a year when license is suspended? 5.) Can an awesome attorney get him off scot free? And on a personal level, do you think he is an irresponsible asshole for doing this repeatedly? Or do you think people make mistakes? THANK YOU for any advice you can give. He's 28 years old and the Vegas cops had his mom bail him out of jail; I don't know how they got her number back in Kansas, etc. Edited May 22, 2012 by greg775 Link to comment Share on other sites More sharing options...
Soxbadger Posted May 22, 2012 Share Posted May 22, 2012 He needs an attorney to try and resolve this. Its impossible to tell whats going on because I have no record of the 2 previous DUI's. Where they settled, are they open, was their a verdict? These answers could all definitely impact this matter. Regardless 3 DUI's is at a level where an attorney is probably mandatory to work out a deal. And he may even need 2 attorneys, 1 in NV and 1 in KS. It all just depends on what has already happened. Link to comment Share on other sites More sharing options...
greg775 Posted May 22, 2012 Author Share Posted May 22, 2012 QUOTE (Soxbadger @ May 22, 2012 -> 11:54 PM) He needs an attorney to try and resolve this. Its impossible to tell whats going on because I have no record of the 2 previous DUI's. Where they settled, are they open, was their a verdict? These answers could all definitely impact this matter. Regardless 3 DUI's is at a level where an attorney is probably mandatory to work out a deal. And he may even need 2 attorneys, 1 in NV and 1 in KS. It all just depends on what has already happened. Thanks badger. I know on his Vegas DUI he lost his license 6 months and he had no jail time and no community service. And in that case, they did not know about the DUI in Kansas City for some reason. If you were representing a client with let's say, one previous DUI (two total), in Chicago, what do you think would be a reasonable outcome that you could get your client? Considering nobody was injured, etc. Would the police use the fact the person was sleeping in a moving vehicle in the hearing? Link to comment Share on other sites More sharing options...
iamshack Posted May 22, 2012 Share Posted May 22, 2012 Jesus, it's tough to get a DUI in this city...I guess falling asleep at a light would do it though. I'm assuming he's plead guilty on both DUIs thus far. The first one he probably got supervision for, the second he most likely took a hard conviction for. The issue with DUIs is that even though you can usually get supervision or probation for the first one, it still counts as a conviction. Most states now treat a third DUI in less than 10 years as a felony and suspend your license for up to 10 years. I'm not sure how they tally them up though if they are in different states. As for his driving privileges, all states use a nationwide database now so that he can't get a DL unless he fulfills the conditions of his plea in every state he got a DUI in. So if he has a suspended DL in Nevada, he can't get one in Missouri until his license is reinstated in Nevada. As Badger says, we would need to know the particulars, but he is really, really f***ed. Lucky he isn't in Illinois, as it is one of the most punitive states in the nation when it comes to DUIs. Link to comment Share on other sites More sharing options...
iamshack Posted May 22, 2012 Share Posted May 22, 2012 QUOTE (greg775 @ May 22, 2012 -> 05:58 PM) Thanks badger. I know on his Vegas DUI he lost his license 6 months and he had no jail time and no community service. And in that case, they did not know about the DUI in Kansas City for some reason. If you were representing a client with let's say, one previous DUI (two total), in Chicago, what do you think would be a reasonable outcome that you could get your client? Considering nobody was injured, etc. Would the police use the fact the person was sleeping in a moving vehicle in the hearing? Tony LaRussa got one for being caught sleeping in his car at a light... Link to comment Share on other sites More sharing options...
iamshack Posted May 22, 2012 Share Posted May 22, 2012 DUIs in Multiple States Link to comment Share on other sites More sharing options...
BigSqwert Posted May 22, 2012 Share Posted May 22, 2012 Is this your imaginary friend, Ben Sanderson (Nick Cage from Leaving Las Vegas)? Link to comment Share on other sites More sharing options...
EvilMonkey Posted May 23, 2012 Share Posted May 23, 2012 Some states have jacked around with what qualifies for a DUi nowadays that it is pretty easy to get one. However falling asleep drunk at a light seems like it would get you nailed regardless of how influential MADD is in the state. Link to comment Share on other sites More sharing options...
Brian Posted May 23, 2012 Share Posted May 23, 2012 Tell him to stop drinking and driving. 3? Hope he gets the book thrown at him. Link to comment Share on other sites More sharing options...
southsider2k5 Posted May 23, 2012 Share Posted May 23, 2012 QUOTE (Brian @ May 22, 2012 -> 07:44 PM) Tell him to stop drinking and driving. 3? Hope he gets the book thrown at him. This. Vegas has cabs everywhere. Even without that, there is no excuse for that. People's lives are in danger here. Link to comment Share on other sites More sharing options...
kapkomet Posted May 23, 2012 Share Posted May 23, 2012 There ain't no defending that crap, especially in Vegas (see 85,000 cabs within sight). Make a mistake, sure. But 3? Good riddance to the license. Link to comment Share on other sites More sharing options...
southsideirish71 Posted May 23, 2012 Share Posted May 23, 2012 Hope your friend loses his license forever before he kills some innocent people because he can't control himself. Tell him to grow up and to rejoin society. Link to comment Share on other sites More sharing options...
Reddy Posted May 23, 2012 Share Posted May 23, 2012 QUOTE (southsideirish71 @ May 22, 2012 -> 11:14 PM) Hope your friend loses his license forever before he kills some innocent people because he can't control himself. Tell him to grow up and to rejoin society. this. Link to comment Share on other sites More sharing options...
greg775 Posted May 23, 2012 Author Share Posted May 23, 2012 (edited) QUOTE (iamshack @ May 22, 2012 -> 11:08 PM) Jesus, it's tough to get a DUI in this city...I guess falling asleep at a light would do it though. I'm assuming he's plead guilty on both DUIs thus far. The first one he probably got supervision for, the second he most likely took a hard conviction for. The issue with DUIs is that even though you can usually get supervision or probation for the first one, it still counts as a conviction. Most states now treat a third DUI in less than 10 years as a felony and suspend your license for up to 10 years. I'm not sure how they tally them up though if they are in different states. As for his driving privileges, all states use a nationwide database now so that he can't get a DL unless he fulfills the conditions of his plea in every state he got a DUI in. So if he has a suspended DL in Nevada, he can't get one in Missouri until his license is reinstated in Nevada. As Badger says, we would need to know the particulars, but he is really, really f***ed. Lucky he isn't in Illinois, as it is one of the most punitive states in the nation when it comes to DUIs. I agree on the harsh comments, but don't direct them at me. I'm just trying to save his life. I realize he's a moron. I'm not the type to say, "You just got a third DUI. Lose this phone number!!" Thanks for the help and the links BTW. For now, I'm assuming Nevada will treat this as a second DUI since they treated his last DUI in Vegas as his first. Maybe it got negotiated out during his first Vegas DUI case. Although he did say he had no idea why the Vegas judge didn't know about the Kansas DUI during his Vegas DUI hearing. Like I said, Mr. Attorneys, if this was your client and he had committed his second DUI offense in Illinois, with let's say his first (undetected) DUI in Vegas four years ago, what kind of settlement do you think you could get for him in Illinois? Is this guy gonna serve hard time behind bars in Vegas? Edited May 23, 2012 by greg775 Link to comment Share on other sites More sharing options...
greg775 Posted May 23, 2012 Author Share Posted May 23, 2012 QUOTE (BigSqwert @ May 22, 2012 -> 11:14 PM) Is this your imaginary friend, Ben Sanderson (Nick Cage from Leaving Las Vegas)? That line made me laugh. That movie made my cry. What a movie! Link to comment Share on other sites More sharing options...
Texsox Posted May 23, 2012 Share Posted May 23, 2012 DUI in Vegas? Wow. He needs to sell his car and hire an attorney. And BTW, this could have been discussed in SL&M, I can't believe a 'buster dustup could happen with this topic. But I've been wrong before Link to comment Share on other sites More sharing options...
cabiness42 Posted May 23, 2012 Share Posted May 23, 2012 And on a personal level, do you think he is an irresponsible asshole for doing this repeatedly? Or do you think people make mistakes? People make mistakes, but not the same one three times. He's either an irresponsible asshole who deserves to be locked up, or an alcoholic who can't help himself and needs professional help. Link to comment Share on other sites More sharing options...
illinilaw08 Posted May 23, 2012 Share Posted May 23, 2012 Assuming the prior DUIs resulted in convictions, the prosecutor's office should pick up the priors. In AZ (a state with fairly harsh DUI laws), he would probably be looking, on his best day, at 90 days in jail (depending on the severity of the two priors). Link to comment Share on other sites More sharing options...
Steve9347 Posted May 23, 2012 Share Posted May 23, 2012 QUOTE (greg775 @ May 22, 2012 -> 05:43 PM) And on a personal level, do you think he is an irresponsible asshole for doing this repeatedly? No question about it. Link to comment Share on other sites More sharing options...
RockRaines Posted May 23, 2012 Share Posted May 23, 2012 QUOTE (Steve9347 @ May 23, 2012 -> 09:51 AM) No question about it. Yup. And if there is anything right in the world this guy will lose his license and have a breathalyzer installed in his car when he gets it back in 3 years. Driving drunk in Vegas is stupid and anyone who does it deserves to be off the road before they kill someone. Link to comment Share on other sites More sharing options...
Reddy Posted May 23, 2012 Share Posted May 23, 2012 QUOTE (greg775 @ May 22, 2012 -> 10:41 PM) I agree on the harsh comments, but don't direct them at me. I'm just trying to save his life. I realize he's a moron. I'm not the type to say, "You just got a third DUI. Lose this phone number!!" Thanks for the help and the links BTW. For now, I'm assuming Nevada will treat this as a second DUI since they treated his last DUI in Vegas as his first. Maybe it got negotiated out during his first Vegas DUI case. Although he did say he had no idea why the Vegas judge didn't know about the Kansas DUI during his Vegas DUI hearing. Like I said, Mr. Attorneys, if this was your client and he had committed his second DUI offense in Illinois, with let's say his first (undetected) DUI in Vegas four years ago, what kind of settlement do you think you could get for him in Illinois? Is this guy gonna serve hard time behind bars in Vegas? you don't have to tell him to lose the phone number, but you don't have to support his decisions either. being a friend sometimes involves calling someone out and giving them tough love. you'd better do both. Link to comment Share on other sites More sharing options...
Jake Posted May 23, 2012 Share Posted May 23, 2012 All I know is my brother got a DUI (BAC .18 blood test) in CO and it will not be fun on first offense. He's already lost $10k paying for random BS related to the case. Before he is allowed to have permit to drive to work, he has to be completely driving-free for at least 30 days. I am going to move in with him to drive him to work so he doesn't lose his job. Also has to have a breathalyzer in the car for 3 years (not free!) He isn't even out of the woods yet for jail time. I can't even imagine how much a pain in the ass 3 would be. Might as well just quit and reevaluate your life. I know my brother keeps thinking about how many thousands each beer he drank that night cost him...I can't imagine someone who isn't dealing with a serious addiction could repeat offend. My favorite thing that my brother has had to pay for is for the paramedic they dispatched when he was pulled over. Since he blew a high number on breathalyzer, they decided to take him to a hospital. Paramedic may not have even left the garage, but still $1200 bill for that. Link to comment Share on other sites More sharing options...
iamshack Posted May 23, 2012 Share Posted May 23, 2012 My problem with the whole DUI thing is that we encourage and enable this result by revolving so much of our society around alcohol, and then we seem shocked that these people actually get in their cars and try to get back home again when they are finished. Then, the municipalities and states bend these people over as if they are murderers and rapists to try and extract as much cash as possible in order to make up for other shortfalls in their budgets. The entire process is extraordinarily punitive without doing s*** to actually try and address the root cause of the problem. Link to comment Share on other sites More sharing options...
Jake Posted May 23, 2012 Share Posted May 23, 2012 QUOTE (iamshack @ May 23, 2012 -> 12:39 PM) My problem with the whole DUI thing is that we encourage and enable this result by revolving so much of our society around alcohol, and then we seem shocked that these people actually get in their cars and try to get back home again when they are finished. Then, the municipalities and states bend these people over as if they are murderers and rapists to try and extract as much cash as possible in order to make up for other shortfalls in their budgets. The entire process is extraordinarily punitive without doing s*** to actually try and address the root cause of the problem. Welcome to...uh, Earth. We just punish because that has some remedial ability and noone feels bad for being "easy". Link to comment Share on other sites More sharing options...
iamshack Posted May 23, 2012 Share Posted May 23, 2012 QUOTE (Jake @ May 23, 2012 -> 12:41 PM) Welcome to...uh, Earth. We just punish because that has some remedial ability and noone feels bad for being "easy". No, it's because they realize they have people bent over the barrel because of the way our society works. People who don't live in a major metropolitan area need their cars in order to get to work. There is very little public transportation available. If they cannot get to work, they cannot make money, and thus cannot live. This does not give local municipalities and state governments the right to extract as much money as is humanly possible from DUI offenders. If that is the case, we should start doing the same for other crimes. Especially crimes that are much worse in nature. Link to comment Share on other sites More sharing options...
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