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  1. #1
    Join Date
    Mar 2013
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    9

    Default Domestic Violence Charge With a Prior DUI

    My question involves criminal law for the state of: CA

    My Ex wife and I have been trying to work out our differences and two nights ago had an incident.
    She had been drinking wine heavily which started our argument. After verbally battling back and forth
    for a while she punched me in the face and stomach repeatedly. I was able to avoid any major injury
    but in my moment of panic i called the police. I understood she was drunk and had never been physically violent.
    I asked the deputy to please talk to her and calm her down but they arrested her for Domestic Abuse instead.
    I did not want her to go to jail over this altercation but they said thats the law.

    She has been in jail two days now waiting to see a judge. She had a DUI 8 years ago and she mentioned they were
    trying to use that in court. I understand it was a bad night for her, and what she did was wrong but I feel as if the court
    is really trying to stick it to her.

    We have two kids together, I live out of town and she has joint custody with me but the kids live with her. The kids are staying with her parents while
    this unravels. My quest is,

    1.Can her past DUI offense be used against her?
    2.What the odds that she will do time for a first time offense?
    3.Is there anything I can do?

    She messed up, but i do not feel that she deserves this.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: First Time Offense/DUI

    Quote Quoting gbftats
    View Post
    My Ex wife and I have been trying to work out our differences and two nights ago had an incident.
    She had been drinking wine heavily which started our argument. After verbally battling back and forth
    for a while she punched me in the face and stomach repeatedly. I was able to avoid any major injury
    but in my moment of panic i called the police. I understood she was drunk and had never been physically violent.
    I asked the deputy to please talk to her and calm her down but they arrested her for Domestic Abuse instead.
    I did not want her to go to jail over this altercation but they said thats the law.
    Yep. If you wanted a counselor you should have called administer or a priest. Law enforcement has few options when presented with a serious criminal offense.

    She has been in jail two days now waiting to see a judge. She had a DUI 8 years ago and she mentioned they were
    trying to use that in court. I understand it was a bad night for her, and what she did was wrong but I feel as if the court
    is really trying to stick it to her.
    Sentencing is a ways off yet. Right now she has to deal with the allegations of domestic violence.

    1.Can her past DUI offense be used against her?
    2.What the odds that she will do time for a first time offense?
    3.Is there anything I can do?
    1. On her current criminal charge? No.

    2. Pretty good that she will do SOME time, thought it might a few days or weekends. It depends on the specific offense(s) for which she has been charged. What code section(s) has she been charged with?

    About all you can do is hire an attorney for her. If you lie to protect her, you can be charged and you might also find your children taken from you. If you allow her back into the home in violation of any protective orders than you can also lose your children. So, follow any orders that might be in place and tell the truth if the matter goes to court.

  3. #3
    Join Date
    Mar 2013
    Posts
    11

    Default Re: First Time Offense/DUI

    1.Can her past DUI offense be used against her?
    No!

    2.What the odds that she will do time for a first time offense?
    IF she gets convicted(!), not likely. Anger management course and community hours more likely.

    3.Is there anything I can do?
    Your ex should not plead guilty! Sign an affidavit of non-prosecution. The case will eventually go to court and heard by the jury. The prosecutor needs to present the case but if they don’t know what happened that weakens the case. If there were no documented injuries that’s one less evidence. Your testimony is needed in order to convict your ex! The jury will unlikely convict a female based on an uncertain, unwilling testimony of an (ex)spouse.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: First Time Offense/DUI

    Quote Quoting Mark2010
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    1.Can her past DUI offense be used against her?
    No!

    2.What the odds that she will do time for a first time offense?
    IF she gets convicted(!), not likely. Anger management course and community hours more likely.

    3.Is there anything I can do?
    Your ex should not plead guilty! Sign an affidavit of non-prosecution. The case will eventually go to court and heard by the jury. The prosecutor needs to present the case but if they don’t know what happened that weakens the case. If there were no documented injuries that’s one less evidence. Your testimony is needed in order to convict your ex! The jury will unlikely convict a female based on an uncertain, unwilling testimony of an (ex)spouse.


    Which of course is absolutely false.

  5. #5
    Join Date
    Mar 2013
    Posts
    9

    Default Re: First Time Offense/DUI

    ok, so i need to get her a good lawyer, hope for a plea bargain and cross my fingers?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: First Time Offense/DUI

    Quote Quoting gbftats
    View Post
    ok, so i need to get her a good lawyer, hope for a plea bargain and cross my fingers?
    Chances are she can minimize the impact of this with anger management courses and decent legal counsel. If she cannot afford an attorney one will be appointed for her.

    Help is what she needs, not an aversion of eyes from the facts. If she has a problem controlling her temper, then the question needs to be asked: Why? Is it a learned trait, or is there a medical/psychological reason? If it is an issue with alcohol, then perhaps she needs to look into treatment. It is doubtful that this is the first time she has exhibited violent tendencies, thought it may be the first time she has thumped you to the point where the police had to be called.

    Good luck.

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