FL criminal law and procedure, arrest for DUI while on probation for battery, possible punishment

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i have a friend who recently got picked up for a DUI while on probation for 2 counts simple battery. he is a habitual offender, what can we expect?

Attorney Answers

4
Marc Plotnick ·
It is hard to answer this question without more specifics and without knowing the jurisdiction of where these incidents took place. If these are misdemeanors, which based upon the question, it seems they are, then based upon his/her record (which I assume by you calling him/her a habitual offender is bad), anything can occur, from him/her being placed back on probation to incarceration in the county jail. If the DUI or the battery counts are felonies, then the possible penalties would be much greater, including the possibility of a prison sentence.
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Aaron Slavin ·
I would venture to say that your friend is going to be looking at an incarcerative sentence. The only real question is whether it will be served in the county jail, or if the State charges him with a Felony DUI (3rd offense), than he may serve some time in state prison. as a prosecutor, i used to always argue to the judges that probation is, by definition (in the Florida Statutes), for "someone who is not likely to re-offend." Based on the described pattern of conduct, any decent prosecutor is going to ask for a jail/prison sentence for your friend because he apparently does not get it and cannot avoid staying out of trouble. I wish him luck, but I wouldn't be very hopeful that he is going to be placed back on probation.
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Don Waggoner ·
My answer is that he is probably looking at at least 6 months to a year in jail. There may be some circumstances surrounding the crimes that may mitigate his sentence. I am not as optimistic as others based on the facts you give. Plus, he has a hell of a lot of conditions that will be placed on him because of the 3rd DUI. If he has sympathetic prosecutors and a willing judge, he may avoid so much jail time, but the judges and prosecutors in those two jurisdictions are not known for their sympathy in matters such as you described. I wish your friend the best of luck. he needs to find a good lawyer ASAP.
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Raul Ruiz ·
He is obviously facing potential jail time on the violation of probation. As for the DUI, a 3rd DUI within 10 years of a prior conviction has some severe minimum mandatory punishments, such as 30 days jail and a 10 years license suspension with the inability to get a hardship for 2 years. You can expect that the prosecutor will likely be seeking a lot more jail time than just 30 days.
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