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Different DUI Sentence or just I never heard of it..
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Local girl killed by drunk driver after the initial sentence, one week in jail on the anniversary of her death for ten years.

From the article "The Javadis originally wanted Elwell to get life in prison but later had a change of heart. In a plea deal they agreed on with prosecutors, Elwell was sentenced to 120 days in jail and, starting next year, a week in jail on the anniversary of her death for the next ten years. He will also get ten years probation."

For some reason this makes me believe the person will realize what he done and won't be a repeat offender or that some good might come out of it, but it could be my emotions since she was a friend of a friend.

http://www.fox4news.com/news/235483831-story



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Re: Different DUI Sentence or just I never heard of it.. [Garry] [ In reply to ]
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That seems like an exceedingly light sentence. I think the professional truck driver who killed my dad running over hi motorcycle got 10 years and served about 3. 120 +7*10 -190 days. That seems very light for vehicular homicide.
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Re: Different DUI Sentence or just I never heard of it.. [Garry] [ In reply to ]
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I would think that he should probably be sentenced to 15 years in prison and 10 years probation.
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Re: Different DUI Sentence or just I never heard of it.. [patf] [ In reply to ]
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I agree that it seems light. Usually I hear of at least 5 years as the lightest. But the family after actively wanting him to get the max sentence, has switched course and was pushing for a lighter one, with the condition that he serve something every year on the anniversary of the death. I thought I read that they wanted that for a longer time also, but it might have been people talking.

I just have never heard of serving time on the anniversary of the event is jailed for. I don't follow how sentences get handed out, unless there is some personal connection. So I figured I post it and see if this is more common than I thought.
I'm sorry to hear about your father's accident.
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Re: Different DUI Sentence or just I never heard of it.. [Garry] [ In reply to ]
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I got 30 and I didn't even kill anybody. The jail was filled with people serving a whole year for driving on a suspended license 3rd offense. Seems kind of light to me.

A coworkers sister in law served a year for texting and getting in an accident that killed somebody.


"In the world I see you are stalking elk through the damp canyon forests around the ruins of Rockefeller Center. You'll wear leather clothes that will last you the rest of your life. You'll climb the wrist-thick kudzu vines that wrap the Sears Towers. And when you look down, you'll see tiny figures pounding corn, laying stripes of venison on the empty car pool lane of some abandoned superhighway." T Durden
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Re: Different DUI Sentence or just I never heard of it.. [Garry] [ In reply to ]
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The terms of his probation are pretty strict:
As part of his probation, Elwell will not be allowed to drink and must use a Breathalyzer to start his vehicle and take an additional five to six breathalyzer tests per day. He is also required to attend Alcoholics Anonymous meetings and speak at groups for people charged with drunken driving.
Every year, on the anniversary of Javadi's death, Elwell will spend a week in jail.

He could very well be serving a significant amount of time when he doesn't stop drinking. The family also had sympathy that he had a kid.

I've been feeling more and more that people who get popped for DUI need to have a breathalyzer permanently installed on their cars.

I'm beginning to think that we are much more fucked than I thought.
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Re: Different DUI Sentence or just I never heard of it.. [j p o] [ In reply to ]
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j p o wrote:
.......... that people who get popped for DUI need to have a breathalyzer permanently installed on their cars.

They'll find a way around that. I know from personal experience.

Pink? Maybe. Maybe not. You decide.
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Re: Different DUI Sentence or just I never heard of it.. [j p o] [ In reply to ]
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j p o wrote:
The terms of his probation are pretty strict:
As part of his probation, Elwell will not be allowed to drink and must use a Breathalyzer to start his vehicle and take an additional five to six breathalyzer tests per day. He is also required to attend Alcoholics Anonymous meetings and speak at groups for people charged with drunken driving.
Every year, on the anniversary of Javadi's death, Elwell will spend a week in jail.

He could very well be serving a significant amount of time when he doesn't stop drinking. The family also had sympathy that he had a kid.

I've been feeling more and more that people who get popped for DUI need to have a breathalyzer permanently installed on their cars.

For how long? And to what extent? Do you apply retroactively? Do you realize that installation is costly than it is monitored. Do you simply mean a device for a set amount of time or monitoring and reporting as well? Either if extended to long potentially runs afoul of the constitution if only applied to a first and single offense.


"In the world I see you are stalking elk through the damp canyon forests around the ruins of Rockefeller Center. You'll wear leather clothes that will last you the rest of your life. You'll climb the wrist-thick kudzu vines that wrap the Sears Towers. And when you look down, you'll see tiny figures pounding corn, laying stripes of venison on the empty car pool lane of some abandoned superhighway." T Durden
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Re: Different DUI Sentence or just I never heard of it.. [Garry] [ In reply to ]
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I do not think this is anything new. Over a year ago There was a story about a woman who killed a man while driving and texting and got some bullshit sentence and probation similar to that in the link. She said she is remorseful and will never forget the so-called accident because of the week long jail time for so many years.


_____________________________________
DISH is how we do it.
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Re: Different DUI Sentence or just I never heard of it.. [j p o] [ In reply to ]
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j p o wrote:

I've been feeling more and more that people who get popped for DUI need to have a breathalyzer permanently installed on their cars.
In a perfect world this would happen but remember, people tend to get their kids to blow so that the car starts.


_____________________________________
DISH is how we do it.
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Re: Different DUI Sentence or just I never heard of it.. [travelmama] [ In reply to ]
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I once knew a guy who had his sober friend blow in the thing while sitting in the passenger seat. And he also did it at random request from the system.

What sense does that make? Granted, those things when registered won't start the car at .02 or .05 depending on the jurisdiction and sentence. They also report these amounts. So the guy wasn't necessarily drunk when asking his friend to blow.


"In the world I see you are stalking elk through the damp canyon forests around the ruins of Rockefeller Center. You'll wear leather clothes that will last you the rest of your life. You'll climb the wrist-thick kudzu vines that wrap the Sears Towers. And when you look down, you'll see tiny figures pounding corn, laying stripes of venison on the empty car pool lane of some abandoned superhighway." T Durden
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Re: Different DUI Sentence or just I never heard of it.. [TheForge] [ In reply to ]
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TheForge wrote:
j p o wrote:
The terms of his probation are pretty strict:
As part of his probation, Elwell will not be allowed to drink and must use a Breathalyzer to start his vehicle and take an additional five to six breathalyzer tests per day. He is also required to attend Alcoholics Anonymous meetings and speak at groups for people charged with drunken driving.
Every year, on the anniversary of Javadi's death, Elwell will spend a week in jail.

He could very well be serving a significant amount of time when he doesn't stop drinking. The family also had sympathy that he had a kid.

I've been feeling more and more that people who get popped for DUI need to have a breathalyzer permanently installed on their cars.


For how long? And to what extent? Do you apply retroactively? Do you realize that installation is costly than it is monitored. Do you simply mean a device for a set amount of time or monitoring and reporting as well? Either if extended to long potentially runs afoul of the constitution if only applied to a first and single offense.

"For how long?" - years
"And to what extent?" - any car they drive - criminal for them to drive a car without
"Do you realize that installation is costly than it is monitored." - yes - cost is on the drunk

"Either if extended to long potentially runs afoul of the constitution if only applied to a first and single offense" - how so - haven't heard that argument curious where it is going.

I'm pretty sure you and I both know that we didn't get popped the first time we drove drunk. I'm actually not in favor of long jail terms or massive fines for DUI. But I am in favor of keeping people from driving drunk (especially habitual drunk drivers). Taking their license away doesn't do it. And I am open to other methods.

I'm beginning to think that we are much more fucked than I thought.
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Re: Different DUI Sentence or just I never heard of it.. [travelmama] [ In reply to ]
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travelmama wrote:
j p o wrote:

I've been feeling more and more that people who get popped for DUI need to have a breathalyzer permanently installed on their cars.
In a perfect world this would happen but remember, people tend to get their kids to blow so that the car starts.

How about just not being allowed to drive?

Civilize the mind, but make savage the body.

- Chinese proverb
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Re: Different DUI Sentence or just I never heard of it.. [Duffy] [ In reply to ]
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Duffy wrote:
travelmama wrote:
j p o wrote:


I've been feeling more and more that people who get popped for DUI need to have a breathalyzer permanently installed on their cars.

In a perfect world this would happen but remember, people tend to get their kids to blow so that the car starts.


How about just not being allowed to drive?

Not allowed? Tell me how that works.
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Re: Different DUI Sentence or just I never heard of it.. [Garry] [ In reply to ]
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I used to work for the company that puts the bracelets on your leg to monitor drinking. In my experience drunk driving is like sex offenders where the guy who pees outside of a school at 2am gets the same sex offender label as Sandusky. In an effort to curb drunk driving states are lowering the legal limit. That allows you "catch" more people but the real problem isn't the guy who had two beers in an hour it's the alcoholics who on average drive blasted over 300 times before getting caught.

I'd rather see the alcohol limits returned to their previous levels with harsher penalties for people who are well beyond the legal limit and repeat offenders.
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Re: Different DUI Sentence or just I never heard of it.. [jimatbeyond] [ In reply to ]
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jimatbeyond wrote:
I would think that he should probably be sentenced to 15 years in prison and 10 years probation.

I think he should be sentenced to walk home from a bar every night knowing that one night a car is going to hit and kill him.

"The great pleasure in life is doing what people say you cannot do."
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Re: Different DUI Sentence or just I never heard of it.. [j p o] [ In reply to ]
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j p o wrote:
I've been feeling more and more that people who get popped for DUI need to have a breathalyzer permanently installed on their cars.

I think their are a few different types of DUI offenders, but a lot of the repeat offenders just don't give a damn. I had a friend who allowed to move in with me because he said he wanted to turn his life around. He lost his license after his second DUI and would drive anyway. Eventually he was caught driving without a license and spend a few weeks in jail. Jail was a real wake up call...for a while, but it didn't take long for him to start diving again.
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Re: Different DUI Sentence or just I never heard of it.. [Old Hickory] [ In reply to ]
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Old Hickory wrote:
Duffy wrote:
travelmama wrote:
j p o wrote:


I've been feeling more and more that people who get popped for DUI need to have a breathalyzer permanently installed on their cars.

In a perfect world this would happen but remember, people tend to get their kids to blow so that the car starts.


How about just not being allowed to drive?

Not allowed? Tell me how that works.

Not allowed. If caught driving it's life in prison.

Civilize the mind, but make savage the body.

- Chinese proverb
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Re: Different DUI Sentence or just I never heard of it.. [Duffy] [ In reply to ]
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Not allowed. If caught driving it's life in prison.

On one hand, I agree with that. On the other, I can see this setting up some incredibly dangerous high-speed chases where someones knows if they get caught, they are going away "forever"...
Last edited by: Mike C: Feb 15, 17 12:13
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Re: Different DUI Sentence or just I never heard of it.. [Mike C] [ In reply to ]
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Mike C wrote:
Not allowed. If caught driving it's life in prison.

On one hand, I agree with that. On the other, I can see this setting up some incredibly dangerous high-speed chases where someones knows if they get caught, they are going away "forever"...
This is typical behavior here in LA County from all type of criminals.


_____________________________________
DISH is how we do it.
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Re: Different DUI Sentence or just I never heard of it.. [travelmama] [ In reply to ]
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Yeah, I suppose that's true in many parts of the country--watching the show "Live PD" on A&E Fridays has been very interesting, as there are many chases that start as a result of being lit up for having expired tags/running lights(s) not working....and they "run" because they have a warrant and know it, some for very minor things and some not.

Just imagining scenarios where someone who is driving that is under potential penalty of life in prison absolutely not going quietly into that good night.
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Re: Different DUI Sentence or just I never heard of it.. [Mike C] [ In reply to ]
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Mike C wrote:
Yeah, I suppose that's true in many parts of the country--watching the show "Live PD" on A&E Fridays has been very interesting, as there are many chases that start as a result of being lit up for having expired tags/running lights(s) not working....and they "run" because they have a warrant and know it, some for very minor things and some not.

Just imagining scenarios where someone who is driving that is under potential penalty of life in prison absolutely not going quietly into that good night.
Live PD is my show and to see a chase is an everyday occurrence so there is no need to wait for Friday nights. The outcome is usually bad no matter if the driver is drunk or not.


_____________________________________
DISH is how we do it.
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