What is this person looking at in fines and or time?

[OneRedLT4]

Have a good friend who's SO went off on him. In a nutshell, she backed her car and hit him (hard enough to dent the tailgate, but not enough to knock him down) knowing he was standing there. This was done in front of his kids (11 and 9) and as he was talking to 911 dispatch about it, she left in the vehicle. Police pulled her over not far away and they arrested her for DUI and domestic violence. There's been no communication between them yet as he got an EPO for the week.

When said and done, he was told that it was a felony dom violence charge possibly reduced to misdemeanor, DUI (don't know the BAC, but thinks it might be over the .15), and CHP jumped in and charging with hit and run.

Trying to figure out what might be in store. The SO has a prior domestic violence w/alcohol incident that was dismissed and was recently pulled from their car by police, unresponsive and taken to ER with BAC of .42 but no report was filed (that may mean no citation issued, IDK)

 

[NorCalBusa]

" a good friend" huh? LOl

Pretty sure .42 is near dead. No?

 

[SonoraMike]

>it was a felony dom violence charge possibly reduced to misdemeanor

#PussyPass?

 

[LongGoneJohn]

She'll get no time.

Fines will total somewhere in the 2-10k range depending what they do.

She'll get 5 years probation.

 

[}Dragon{]

She'll get no time.

Fines will total somewhere in the 2-10k range depending what they do.

She'll get 5 years probation.

Why not go 245?

 

[xsnugglebear]

She's a woman, she'll get a slap on the wrist with court probation. Your buddy needs to get the hell away from her and take out a Peaceful Contact order, (or a complete restraining order)

 

[LongGoneJohn]

Why not go 245?

She's a woman, she'll get a slap on the wrist with court probation. Your buddy needs to get the hell away from her and take out a Peaceful Contact order, (or a complete restraining order)

Cause they already wrote it as a 273, and DA's don't know how to increase charges, only reduce them.

She'll plea to misdemeanor DV, full blown DUI, lose her license for a year, be on probation for 5 years, be mandated to alcohol abuse and anger abuse classes and be fined accordingly.

 

[Randy B]

She'll plea to misdemeanor DV, full blown DUI, lose her license for a year, be on probation for 5 years, be mandated to alcohol abuse and anger abuse classes and be fined accordingly.

And this is why nobody learns their lesson after doing this type of stuff. Slap em on the wrist and let em loose back on the streets until they kill someone....ugh. :wtf :mad :thumbdown

 

[packnrat]

just look at what took place down in southern Ca last month.
lady is charged with murder. could have been avoided if the courts would just take a hard stance on auto related violence. :afm199
teen age girl (still in high school) arrested for felony hit and run. sad a man had to die.

 

[NorCalBusa]

And this is why nobody learns their lesson after doing this type of stuff. Slap em on the wrist and let em loose back on the streets until they kill someone....ugh. :wtf :mad :thumbdown

I don't see that as a "slap on the wrist" at all. If I earned those consequences my life would get all fucked up.

 

[OneRedLT4]

" a good friend" huh? LOl

Pretty sure .42 is near dead. No?

Yes, the ER doctor seemed pretty "impressed" that she wasn't worse off.

>it was a felony dom violence charge possibly reduced to misdemeanor

#PussyPass?

She's already got one big one, probably why she still doesn't really think she has a problem.

She's a woman, she'll get a slap on the wrist with court probation. Your buddy needs to get the hell away from her and take out a Peaceful Contact order, (or a complete restraining order)

Hopefully not, and getting away is definitely in the works.

 

[OneRedLT4]

Cause they already wrote it as a 273, and DA's don't know how to increase charges, only reduce them.

She'll plea to misdemeanor DV, full blown DUI, lose her license for a year, be on probation for 5 years, be mandated to alcohol abuse and anger abuse classes and be fined accordingly.

That for the most part is what I've been hearing/reading.

I fear for her kids, she's gone home hardly able to walk, can't put more than 3 words together and had them in the car, with fresh dent in the front bumper from hitting something. Too many "passes" already.

 

[xsnugglebear]

That for the most part is what I've been hearing/reading.

I fear for her kids, she's gone home hardly able to walk, can't put more than 3 words together and had them in the car, with fresh dent in the front bumper from hitting something. Too many "passes" already.

Does CPS know about this? If you have kids with you and get a DUI (or hit and run, etc) that's almost a mandatory child endangerment charge.

If you truly fear for her children, and it sounds like you are right to, think about notifying CPS. They won't necessarily burst into the home and strip the kids from her, but they will definitely look into it and determine what the best course of action is, CPS likes to put kids with family members before they just shoot them off into the black hole that is foster care. And it's also possible to get kids back from CPS, if you can finish certain classes, take drug/alcohol tests, etc. Might be a good thing for her before one of those kids gets hurt.

They WILL follow up on your information.

(Not an LEO, [but have some experience on the other side of the fence...] but I did work in group homes with kids who had been removed by CPS due to serious abuse/neglect and then had failed multiple foster placements, extremely challenging and depressing job. Had a lot of contact with case workers in the area, got to read a lot of very very fucked up reports and situations, and supervise visits between scumbag parents and their poor permanently fucked-up children getting shuffled around in the system.)

 

[OneRedLT4]

Does CPS know about this? If you have kids with you and get a DUI (or hit and run, etc) that's almost a mandatory child endangerment charge.

If you truly fear for her children, and it sounds like you are right to, think about notifying CPS. They won't necessarily burst into the home and strip the kids from her, but they will definitely look into it and determine what the best course of action is, CPS likes to put kids with family members before they just shoot them off into the black hole that is foster care. And it's also possible to get kids back from CPS, if you can finish certain classes, take drug/alcohol tests, etc. Might be a good thing for her before one of those kids gets hurt.

They WILL follow up on your information.

(Not an LEO, [but have some experience on the other side of the fence...] but I did work in group homes with kids who had been removed by CPS due to serious abuse/neglect and then had failed multiple foster placements, extremely challenging and depressing job. Had a lot of contact with case workers in the area, got to read a lot of very very fucked up reports and situations, and supervise visits between scumbag parents and their poor permanently fucked-up children getting shuffled around in the system.)

Thank you, your post really hits close. You don't have to be an Einstein to know that there is no "friend" (and that I'm a few in).

I care immensely for her kids (9 and 6). Her ex and I are friends as far as all but hanging out is concerned (she doesn't like it because she thinks we scheme against her). As soon as things went down hill fast, he has been totally up to date on everything going on, as it's something I'd want if the roles were reversed.

Unfortunately, there's no record of her driving intoxicated with the kids, or even that the police pulled her out of the car with the BAC of .42, for that matter.

Even though I've been disappointed numerous times up to this point, I'm hoping that this, will finally open her eyes to the problems she has with alcohol and anger. In her mind, she blames me for her actions (a whole other story) and now we're going our separate ways. I've been struggling with it because the heart only knows what it wants, but you can only ignore some things so many times. If us separating gets her back to a healthy life style and safety for the kids, it's worth it.

 

[xsnugglebear]

Good on you for seeing that the kids come first. It's just not fair when people use kids as pawns man (not that you are in any way, just saying those kids don't have a choice in 99% of what they do every day at that age.)

No shame in getting a little help from an "outside agency," if you know what I mean.

Obviously you're a smart guy, but it doesn't sound like you guys splitting up is going to suddenly make her change her behavior. If she's blaming you for actions like that, she's got a problem, and it's bigger than you and you leaving isn't going to magically fix it. I'm just ramblin', cause I've been on the "have a problem" side of things. Also unfortunately, if she's blaming you for this stuff, this isn't going to open her eyes, she'll just find a reason why "you made her do it." Well if you hadn't done _____ I wouldn't have had to back into your car! As if there's any rational reason why she would have to hit you. She'll pull the same stuff with her next boyfriend, or on her own, my point is you are not the problem. Which means if you guys part ways, the problem doesn't leave with you.

Sorry hope I didn't cross any lines with my rant. As someone who has had substance abuse problems in the past, and blamed a lot of well-meaning girls for a lot of things, she needs help man. No shame in making a clean break and telling her you care for her and you're not going to stand by and watch while she destroys herself. People aren't done digging their hole until they decide they are done.

PM me for more info if necessary, I can set you up with the forms to fill out for a CPS referral (it's not a "case" or an "investigation" it's simply just a heads up and they'll decide how they want to act on it) and also point you towards some recovery groups in your area, maybe you can convince her to go, maybe go with her as support (which also is it's own problem, I'm sure you can figure out why).

 

[OneRedLT4]

No lines crossed. You describe it perfectly. The split isn't an attempt to make her see her problem, it's self preservation and because my relationship my kids and their well being is important. She has already cost me thousands of dollars in legal costs, replacement of personal belongings from anger rants where she broke things, and more. It's truly become a toxic situation.

I hope she really does get her shit together and if us being apart helps, so be it.

 

[NorCalBusa]

I'm curious- how old is this woman and what is her background- education, job, where did she grow up/kind of environment (put nothing identifiable of course)?

 

[tgrrdr]

Why not go 245?

how about 242 since she actually hit him with the car?

I'm curious- how old is this woman and what is her background...

I have a friend (seriously, not me) who got involved with a woman who already had a baby, ended up having another baby with my friend. A few years later they got married. At some point he voluntarily installed an ignition interlock in her car so she couldn't drive drunk (she was home taking care of the kids, he was working). Her alcohol issues continued to get worse, separated last year, they're now divorced and he has full custody of both kids. I haven't talked to him about it in a couple months but as far as I know she hasn't changed for the better.

I only met her a few times (before things started going downhill, I guess) but she seemed pretty normal. 30's, White, middle class, educated (was working on her PhD before she had her first kid and met my friend). I don't know anything about her childhood but she didn't seem obviously fucked up :dunno

TL;DR looks can be deceiving, people only change if they want to change.



Good luck OneRedLT4, I'd seriously consider contacting CPS if you're not already.

 

[Shaggy]

how about 242 since she actually hit him with the car?

242. A battery is any willful and unlawful use of force or violence
upon the person of another.

243. (a) A battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.

versus

245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm shall
be punished by imprisonment in the state prison for two, three, or
four years, or in a county jail for not exceeding one year, or by a
fine not exceeding ten thousand dollars ($10,000), or by both the
fine and imprisonment.

 

[tgrrdr]

242 versus 245

thanks Nick. I was sort of responding to Antarius who posted they wouldn't go with 245. I didn't consider the possible penalties, was curious why she wasn't charged with battery since this seems like a pretty clear-cut case to me.