Crime & Law Enforcement Issues & Death Penalty/One DUI and two DWI's

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Expert: - 8/8/2005


Question
Within 10 years my son has 1 DUI and 2 DWI. The last 2 DWI was within 6 years. I also, found out that he has an addiction to Xanex along with alcohol,  a very serious combo. His Doctor prescribed Xanex for him, Due to having a depression problem (Bi-polar disorder.)  Do you feel he will do jail time or a possible shock/drug rehab. camp for 6 months? I know it's still jail, but for less time and this way he will be able to get the help he needs.  He is 44, it's not like he's a child. He was on probation for 5 years for the last DWI. Please inform me of the possible punishment for the above crime. Note I said possible punishment fore I know you can't predict the exact outcome.  I will not expect your answer to be the judgement. I just want some idea what he and our family might be facing. Basically I need to know the worst and the best case scenario, as far as a sentence. Thank you for you time. JC.          
The state is NY.

Answer
JC,

   I never participate in estimating possible jail sentence.  It is not fair to the defendant or the person answering the question because it is simply impossible to do so.  There are so many variables in play here that I wouldn't even try to do it.  You probably should be asking his attorney these questinos since he is paying him.  Sorry but its something that I can't do or shouldn't do.

Crime & Law Enforcement Issues & Death Penalty

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Jack Toomey

Expertise

Please do NOT ask questions about potential jail sentences that you or your friends may receive in court. There is no way for me to know that. I am NOT a probation officer or a parole officer so questions about those subjects will be rejected. I am a police officer with 26 years experience. Can answer questions about crime, police procedure, investigations, criminal law, search and seizure, traffic offenses. Prefer not to answer questions on the death penalty. Please do not ask homework questions. Remember this. The law in every state is different so questions about laws that are specific to your state could be difficult to answer. I also cannot give you legal advice on what to do or not to do in court. I have worked with authors in the past and will be happy to review scenarios or plots with authors to check for believability or accuracy.

Experience

Police officer with 26 years experience. Ten years in patrol and sixteen years in the detective bureau investigating every type of crime including murder, rape, robbery, theft, fraud, missing persons, etc, etc. Also taught at the police academy in areas such as constitutional law, search and seizure, and lineups.

Education/Credentials
B.S. in Criminology from the University of Maryland.

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