texting and driving, hung over, hit a pedestrian, charged with DUI and bodily injury, out on bond with a scram device, DA subpoenaed the medical records in order to figure out if she would have to make it a GBI, victim suffered possible hairline fracture to the jaw, bruised legs,
and a contusion to the back of their head, questions are;
what are the chances of it becoming a GBI?
what is the maximum jail time for this case if turned into a GBI?
what kind of services should i be doing meanwhile to ease my sentence?
Pen. C. §12022.7, subd. (e) defines great bodily injury as “a significant or substantial physical injury.” It's a jury question, but a hairline fracture to the jaw is undoubtedly enough for a lawful finding of GBI. If you are sentenced to state prison on a felony DUI with GBI, you will have to serve 85 percent of the sentence because such a conviction qualifies as a violent felony pursuant to P.C. §2933.1 and §667.5. P.C. §667.5 (c) (8) classifies a violent felony as:
"Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in section 12022.7."
I believe you face a potential six year prison term (3 years on the VC 23153 charge and 3 more years on the GBI enhancement, but some closer analysis is required before I can say for certain. You should enter a long term residential treatment program ASAP and get a good DUI defense attorney.
You need to take a global approach to defending this case. Not only do you need to take steps to address a possible alcohol problem you must hire an experienced DUI attorney. Your attorney will put together a team to properly investigate and defend the case. This is not inexpensive. If you can't afford proper private defense counsel get the public defender. And don't forget about the DMV. mrduila.com
I hope you understand that GBI in this situation can result in a strike charge, especially because of priors. You need advice from a lawyer asap due to the seriousness of the situation as well as the possibility of actually going to prison. Even though the law is that a person can serve their prison sentence in a local jail, if you get convicted of a DUI with injury with GBI, you may end up with a strike and actual prison time. It will be Important to look at defenses, look into retaining an accident deconstructionist, as well as investigation work. ASAP.
This is bad news for real. Yes a fracture could qualify for GBI. In fact a lot less could qualify. Most DA's don't pursue GBI charges because it just complicates things. But in this case the person has 2 prior DUI's and a felony DUI.
It appears this person doesnt care about human life and the DA will be asking for a long prison sentence. This person is the poster child for DUI's.
The saving grace here is that the poster says the person was "hung over" which assumes there had not been any alcohol consumed for a long time. MAYBE they are below a .08 and MAYBE the driving conduct can be blamed on the TEXTING. The jury will not find out about the prior DUIS if the person has a 1/2 competent attorney.
1. Chances of becoming GBI - pretty close to 100 percent
2. What is the maximum sentence if it turns into GBI - assuming this person is not on probation then there is a 3 year max for the DUI and 3 year for GBI. So 6 years.
3. What kind of services should this person be doing? I'd suggest finding a LONG TERM live in rehab. Like 2 years or More. Check out the DELANCY program or similar program.
I don't see how prison is not going to be an option here if convicted.
I agree that the fracture will likely qualify as GBI, so your concern is certainly justified. This being your third DUI within 10 years poses a significant problem. As you well know, DUI offenses are priorable, meaning that you face a significant punishment. This being your third with an injury is an automatic felony. The third DUI could land you 120 days to a year. However the enhancement for a GBI could add another year in prison. I hope you have a good criminal defense attorney. Good luck.
The GBI is a sure thing, I have seen filings for GBI on much less than a fractured jaw. As far as the jail time is concerened: 6 years max at 85%, if you end up being convicted of a felony DUI with GBI enchancement. You need to seriously stop posting the facts of the case online and start interviewing attorneys in person or by phone so that you can disclose the entire facts of the case without any concerns and get real advice that applies to your specific case. The facts your provided are insufficient to provide you with a complete analysis and I strongly advise you NOT to post any further facts about the actual case.
NETZAH & SHEM-TOV
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