My ex just got DUI #6 in Vermont. He just got DUI #5 in VT on June 26, 2015, so about 6 months ago. This is his 3rd DUI in VT. He has one in PA and two in FLorida. In Florida, his license was permanently revoked for DUI#4. He is currently on probation from DUI#5 and has violated 3 times by drinking, driving w/ no license, harassing others, violating curfew, missing visit to probation, etc. He was put on Strict community supervision Nov. 1, 2015 and given curfew, no alcohol, treatment, etc. He also is a convicted felon in FL with domestic violence/aggravated assault w/ a firearm and battery on a person over 65 charges which he did prison time for. He has a history of violating probation and/or house arrest more than a dozen times in FL on top of his VT violations. He also has 2 other domestic violence convictions in FL. Given his extensive criminal history, his inability to stay sober or follow conditions of release, do you feel he will be charged as a habitual offender and be given real prison time? He is currently in VT prison waiting until the end of Feb. for his VOPhearing. He has a $50,000 bond. His probation officer plans to use EVERYTHING against him.
Okay this fellow is on probation now for DUI five and on strict community supervision and he is in jail awaiting his violation of probation hearing. He's also been charged with a sixth DUI felony level and you are worried that he is going to be charged as a habitual offender which carries a potential life sentence. You then go on to recite all of the reasons that a competent prosecutor would use in deciding to charge them as a habitual offender, years of prison in Florida domestic violence 65 violations of probation in violent in Florida etc. etc. Which it can County public defender's are very good but there's not much of a silk purse to be made out of this sows ear. Yes, I think he will be charged and the best you can hope for is perhaps a rolling together of the new sentence and the old sentence concurrently to serve so he'll be serving the rest of his probation in jail and I'm sure that that was at least a minimum of three years and none of that takes into account the driving license suspended/alcohol mandatory sentences that are statutory here in Vermont. Good luck to him and frankly anything less than a sentence of life is a win.
