Question for LEO on DUI law

[castelle]

First off, thank you all for the service that you provide. It is much appreciated by the vast vast majority of people.

Marine (left he service 6 months ago) buddy of mine was stopped by CHP on the 5 in San Diego about a month ago and once he completed the FST and PAS (he failed) he tested at the station with a BAC of .19 at the station.

In all it was pretty straightforward - a relatively simple no accident/injury DUI. However he was explaining the scenario to me and he stated that because he is connected with the Wounded Warrior Program and has been diagnosed and is under treatment for PTSD that his case will me relocated from a civilian court to that of a military type. He claims that in doing so his DUI conviction will be played down or somehow mitigated in some fashion due to his affiliation with these military programs.

Can anyone offer any opinions on this?? I was a level 1 reserve in the bay area a few years back and I've never heard of anything like that at all but we didn't have nearly the military presence in the Bay as we do here in SD - different application of rules/law perhaps!

I'm very skeptical that there is any precedent to accommodate his idea that he'll walk from this with a minor slap on the wrist and I'm trying to prepare him for the likely fines, restrictions on driving and other fallout that I think he's about to face.

Thanks again for any and all opinions - stay safe.

[RickD427]

First off, thank you all for the service that you provide. It is much appreciated by the vast vast majority of people.

Marine (left he service 6 months ago) buddy of mine was stopped by CHP on the 5 in San Diego about a month ago and once he completed the FST and PAS (he failed) he tested at the station with a BAC of .19 at the station.

In all it was pretty straightforward - a relatively simple no accident/injury DUI. However he was explaining the scenario to me and he stated that because he is connected with the Wounded Warrior Program and has been diagnosed and is under treatment for PTSD that his case will me relocated from a civilian court to that of a military type. He claims that in doing so his DUI conviction will be played down or somehow mitigated in some fashion due to his affiliation with these military programs.

Can anyone offer any opinions on this?? I was a level 1 reserve in the bay area a few years back and I've never heard of anything like that at all but we didn't have nearly the military presence in the Bay as we do here in SD - different application of rules/law perhaps!

I'm very skeptical that there is any precedent to accommodate his idea that he'll walk from this with a minor slap on the wrist and I'm trying to prepare him for the likely fines, restrictions on driving and other fallout that I think he's about to face.

Thanks again for any and all opinions - stay safe.

It sounds like he may be talking about a "Veteran's Court." I think that San Diego county implemented one a few years ago.

Folks in the judicial system realized that certain groups of people have common bonds, experiences and things that just plain set them apart from others. A court should do more than "fang" people for their misdeeds. A good judge will try to figure out what combination of sanction, treatment and rehabilitation options will work best in case of each individual defendant. That initially led to special courts to handle cases involving the mentally ill and drug addicted. Those courts seem to be working and the concept appears sound.

I hate to place our military members in the same category as drug addicts and the mentally ill, but at least for the purpose of making a special court work, it makes sense. Part of getting a person back on their feet is to create some self-respect, respect for others and respect for the rule of law. The military "mindset" is real amenable to those goals. I can see where simply having the judge address the accused as "Sergeant" instead of "Defendant" would go a long way toward reaching that goal.

At the same time the "Veteran's Court" doesn't exist to minimize, or excuse, criminal conduct. He still has to face the consequences of his actions, he just gets to do in a more "Peer-Like" environment.

[castelle]

Looks like I stand corrected...thank you for the quick response Rick!

[Petro6golf]

We have one of those. One of the standard booking questions we have is "are you a veteran". Ive been told the same thing that Rick said that they will come up with an alternative solution for a minor crime. Its not a get out of jail for a felony card but its more for things like dope, dui and minor stuff. As I understand it.

[castelle]

Thank you Petro - appreciate your response. Can anyone hazard a guess to the type of punishment that he may receive? Will he end up on probation of any kind?

[Heiko]

Thank you Petro - appreciate your response. Can anyone hazard a guess to the type of punishment that he may receive? Will he end up on probation of any kind?

Does he have any DUI priors? The 0.19% BAC 23578 CVC will kick in for potential enhancements. He's looking at probably somewhere between $1600 and $2000 in fines and fees. He could get some days in jail, maybe 10, but with the current situation he can probably serve them on home confinement, ankle monitor, weekends, work release, and any other available custody alternatives. He will likely be put on 3 years summary probation, have to get a restricted license, and could have other driving terms imposed.

These are generalities as things can vary by county. DUIs are very expensive! Thank goodness he didn't get in a TC and hurt anyone.

[castelle]

He does have a prior from when he was just shy of his 21st birthday but hes mid thirties now so I'm thinking that wont be a factor but who knows! Hes definitely under the impression that his punishment will be wayyy way less than that of the average civilian.

[Heiko]

He does have a prior from when he was just shy of his 21st birthday but hes mid thirties now so I'm thinking that wont be a factor but who knows! Hes definitely under the impression that his punishment will be wayyy way less than that of the average civilian.

There's a 10 year wash out period so he might be okay as far as the prior. I don't have any personal experience with Veteran's Courts but what I can say is that DUIs are a special breed of crime and they are the least likely charge to get dismissed or handled loosely unless there are evidentiary problems. I have seen examples where a guy pleads to a serious felony and all kinds of misdemeanors are dismissed but DUIs must be plead to. This is partly due to priorability of DUI convictions and potential for a future "Watson murder" charge if the offender ever kills anyone as a result of a DUI.

DMV and his insurance company won't care about his veteran status. Maybe he might get a break on fines but court costs and fees aren't so easy to avoid. He will be on summary probation with various conditions like do not drive with a measurable amount of alcohol in his system, do not drive without a valid license and insurance, he'll have to do an alcohol program too.

http://www.adp.ca.gov/Criminal_Justice/DUI/overview.shtml

To get on my soapbox for a minute, if the guy is already thinking he's going to get a major break or somehow get special treatment for his crime, plus he was an 0.19% BAC, plus he has a prior DUI, dude needs a smack upside his head. I see far too many repeat DUI offenders and most with high BAC levels. They are all time bombs.

[castelle]

Heiko, yeah...he is a time-bomb and he sure has problems and as you might imagine there's a fair amount of back-story. He was a Sgt when he left, Purple Heart and having people in his squad killed has gutted him. His choice of females are poor but overall there's a good person 'struggling'. That said, he knows something is coming down the punishment pipeline but due to his lack of understanding regarding the law and the messed up advice he has received he's painted a picture in his head that is for the most part, based in la la land. There is some cold hard reality coming his way, I'm trying my best to get his education level up in order to ease the blow.

Thank you all who have chimed in here with your thoughts and input!

[oldmotor]

Yeah, a D.U.I. is pretty minor unless one of your loved ones get plowed into to. Hope he gets special treatment, until the next one. When someone really gets hurt or killed.