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Drunk Driving Charge With a Great Bodily Injury Enhancement

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  • 12-10-2013, 12:52 AM
    SuperPeon
    Drunk Driving Charge With a Great Bodily Injury Enhancement
    My question involves criminal law for the state of: CA

    My question is regarding sentencing in the state of California for a first-offense felony DUI resulting in great bodily injury. If one is found GUILTY of all charges, how is one's sentence determined? Is the judge mandated to use the *state prison* sentencing guidelines for the felony DUI (16 months for low term, 2 years for mid term, and 3 years for high term) plus great bodily injury enhancement (3 additional years)? Or may the judge, at his discretion, after taking into consideration the pre-sentencing/probation report (both mitigating and aggravating factors), reduce the sentence to probation and up to one year of *county jail* time?

    Thank you in advance.
  • 12-11-2013, 07:17 AM
    Mr. Knowitall
    Re: Drunk Driving Charge With a Great Bodily Injury Enhancement
    We're talking about an enhancement to a felony charge under Penal Code Section 12022.7? How was the underlying charge, presumably VC Sec. 23153, enhanced to a felony? Or by "first offense felony" do you meant that the driver has prior misdemeanor DUIs and that this is his first felony charge?
  • 12-11-2013, 04:35 PM
    SuperPeon
    Re: Drunk Driving Charge With a Great Bodily Injury Enhancement
    The State is choosing to charge this DUI w/ injuries as a FELONY rather than a misdemeanor.

    "First-offense" means that this is the first-offense DUI within the past 10 years.

    The underlying charge is "felony DUI w/ injuries" (with 16 months/2 years/3 years as the low/mid/high terms, respectively) and the enhancement is "resulting in great bodily injury" (3 years additional, also requiring 85% minimum state prison time served).

    My question is regarding the sentencing portion: Can (and will) the judge reduce the sentence from multiple years in state prison (with 85% minimum time served) to up to one year in county jail (with 50% Good Time/Work Time)?
  • 12-23-2013, 10:50 PM
    SuperPeon
    Re: Drunk Driving Charge With a Great Bodily Injury Enhancement
    Can anyone offer any help on this question?
  • 12-23-2013, 11:06 PM
    Disagreeable
    Re: Drunk Driving Charge With a Great Bodily Injury Enhancement
    We cannot predict what the judge will do. I suspect he will lean toward actually punishing you and not a slap on the wrist. If your lawyer gets a plea bargain, you might get a misdemeanor.
  • 12-23-2013, 11:13 PM
    SuperPeon
    Re: Drunk Driving Charge With a Great Bodily Injury Enhancement
    I am asking if the judge is restricted to the sentencing guidelines, meaning that the only option he has is to choose between low, mid, or high term in state prison plus the additional three years for great bodily injury?

    Or, if the judge has the authority to sentence the person to six months in county jail (for example), which is less than the sentencing guidelines? I am not asking whether the judge will or will not do this, just if the judge has the ability to do so. If the judge does, then I presume the pre-sentencing/probation report will play a significant role in the judge's decision.

    Thank you again in advance.
  • 12-23-2013, 11:14 PM
    Disagreeable
    Re: Drunk Driving Charge With a Great Bodily Injury Enhancement
    Unless you get a plea bargain, expect the book to be thrown.
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