Archive through July 24, 2002
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The ClubHouse: General Discussion Archives: Archive Two: Chiara's Dad Speaks Out: Archive through July 24, 2002

Jeneane

Wednesday, July 24, 2002 - 12:53 pm EditMoveDeleteIP
Well it would add some excitement, although all we would get to see is FOTH.

Katrina

Wednesday, July 24, 2002 - 12:53 pm EditMoveDeleteIP
I think it's right for C's dad not to say he's disgusted with *her* in public. That's the kind of opinion he can express to her privately, within the family, as Jeneane suggests C's mother did. It's unfortunate enough for the parents if their daughter goes on that show and then behaves that way. They don't need to compound it by saying negative things about their own daughter publicly. She's going to need to know she can count on her parents' love and support, even when she makes lousy choices like on BB3.

Interesting DUI points made in this thread. It's a complex issue for sure, and it's clear that we have yet to invent a solution in this society that really works and alleviates the problem/behavior across the board. I guess we all need to keep thinking and talking about it, year in and year out.

Santo

Wednesday, July 24, 2002 - 01:02 pm EditMoveDeleteIP
I'd be interested to see the outcome of a battle between CBS's lawyers and the US legal system. Money talks..

What is the sentance for a drink driving offence in California? For some offences here it's possible for you to send your lawyer to represent you and enter the plea.. Obviously that doesn't work if it's possible the sentance could be a jail period...

Finally, I dare say if it came down to it they could get her to and from the court without having to DQ her. I know there's a provision in the BB rules (UK version) for taking people to/from hospital if it's only a day visit..

Tabbyking

Wednesday, July 24, 2002 - 01:11 pm EditMoveDeleteIP
from 1991-1993, i used to draw the B.A.'s (blood alcohols) in our e.r. and i never saw 'drug' charges 'automatically' added to a dui. i am in california...

Zachsmom

Wednesday, July 24, 2002 - 01:17 pm EditMoveDeleteIP
well Tabby..I don't know what to tell you ..this is just what this guy (I don't want to call him a friend lol..he was more than an aquantance but I didn't consider him a "friend") told me.. I know that he didn't do drugs (he had told me the long story of why he didn't and I believe him) but his lawyer is the one who told him that this was just standard procedure.. I could be wrong..I don't want to get a DUI to see either..:)

Also..if you were the one drawing the blood..you wouldn't see the actual court papers or the charges would you?

Guinevere

Wednesday, July 24, 2002 - 01:24 pm EditMoveDeleteIP
Re the concept of "innocent until proven guilty" - that's something that gets thrown around in situations like this. I consider it a legal concept only - if I were on Chiara's jury, I would have a duty to consider her "innocent until proven guilty" but as a private, non-jurist citizen, I have every right to think what I think. In general, I believe in giving people the benefit of the doubt where possible, but I don't feel obligated not to make judgements based on what I see and hear.

Re DUI cases in general - a lawyer who does a local radio show I listen to has said several times that if you have enough money to spend, you can usually get off. But if you don't have tons of money to spend, it's easier to plead guilty because you're going to get convicted.

Wonder how much CBS is willing to spend on Chiara's behalf?

Tabbyking

Wednesday, July 24, 2002 - 01:33 pm EditMoveDeleteIP
in another aspect of some jobs i held, (e.m.t., grand jury), i had to appear in court more than once. and i never saw a charge of drugs added unless there was drug usage involved. now,your friend could have gotten an 'unfriendly' arresting officer who maybe wanted to add something on, but as for 'standard', i don't think so.

Goddessatlaw

Wednesday, July 24, 2002 - 01:36 pm EditMoveDeleteIP
IMO, the drug reference is to her Prozac prescription, which is not to be used with alcohol.

Tabbyking

Wednesday, July 24, 2002 - 01:38 pm EditMoveDeleteIP
good point, goddessatlaw. quite possible they asked if she was 'taking' anything.

Santo

Wednesday, July 24, 2002 - 01:38 pm EditMoveDeleteIP
Ok, say you do get convicted, what is the usual penalty?

Scratch that... just looked it up myself.

http://www.california-drunkdriving.org/punishment/ states modifications for alcohol level over .20 (not on the papers), child, speeding, etc.. etc..

The actual sentance is likely to be influenced by the reputation of that attorney - I dare say CBS could hire a pretty good one.

Moving on...

The AAA California Information for LA states:

Misdemeanor DUI - First Offence - Three possiblities:

1. Probation, No Jail, $390-$1700 fine, 90 day restriction, 3-9mo treatment program.

2. Probabtion, 48hrs-6mos Jail, 6mos suspension, else as above.

3. No Probation, 96hrs-6mos Jail, else as above

'For example, for first offense misdemeanor DUI, judges have the discretion to sentence offenders to jail or grant probation'

Could go many ways it seems.

Tabbyking

Wednesday, July 24, 2002 - 01:47 pm EditMoveDeleteIP
people i know who have gotten a first offense dui have received (in our county several hours north of l.a.):
automatic 48 hours in jail
anywhere from 1500-3500 dollar fine
automatic 4 month license suspension.

one friend's brother is an attorney and it made no difference, even though he is well-liked and respected. she got the same as anyone else would get. which is only fair.

my husband and i always designate who will be driving. now that our son drives, we will have him drop us off at a dinner dance if we both choose to drink and then call him for a ride home! they take dui's very seriously here.

Santo

Wednesday, July 24, 2002 - 01:57 pm EditMoveDeleteIP
I'm 10 hours away by plane so can only go on the information on the web site :) The site mentions some counties have stricter policies, but I know nowhere near enough on CA Geography to comment on where this happened.. Disney and Edison Intl Field are the only places I know well enough to find on a map :)

Draheid

Wednesday, July 24, 2002 - 02:06 pm EditMoveDeleteIP
After reading the last few posts, there seems to be repeats of the part about license suspension ... since she was cited for ...driving without holding a valid driver's license..., what effect might that have on the sentence if convicted?

Needmylifeback

Wednesday, July 24, 2002 - 02:13 pm EditMoveDeleteIP
If she gets something like Probation and a suspended license (o.k. that would be redundant) - could they argue that she's already been off of the streets for 3 months (when her trial comes up) and have them put that into consideration??? This is almost like a house arrest??? - She's just not wearing a collar....we could all be witnesses! :)

Santo

Wednesday, July 24, 2002 - 02:21 pm EditMoveDeleteIP
They could argue a ton of things, and probably would... I'm pretty sure they could delay things and niggle enough to see out the series...

Drahied: There's no explanation of what effect that would have...

NMLB: With regards to probation, California law states:

Court-ordered probation for DUI offenders lasts three to five years. During probation, offenders must not:

commit any criminal offense
drive with any measurable alcohol in their blood
refuse to submit to a chemical test upon request
fail to pay a fine, assessment or restitution

So it's not like house arrest, and seems relatively easy to comply too if you have some sense about you.. :)

Jeneane

Wednesday, July 24, 2002 - 02:23 pm EditMoveDeleteIP
Ok now they just did the most irritating thing. Jason asked her about her arrest and they went to FOTH before she could answer. How unfair that the media can print all her records and we have all read them but heaven forbid we should hear her side of things. As if we all don't know about the little secret anyway?

Santo

Wednesday, July 24, 2002 - 02:25 pm EditMoveDeleteIP
Yup, the removal of 'right to reply' seems silly in this case. Unless CBS are trying to make sure she doesn't incriminate herself in order to help her delay / defend the charges..

Jaydubzz

Wednesday, July 24, 2002 - 02:26 pm EditMoveDeleteIP
Tabbyking ~ this is about right for LA as well...

automatic 48 hours in jail
anywhere from 1500-3500 dollar fine
automatic 4 month license suspension

BUT...the combo of drunk driving AND driving without a license here in LA? Big NO-NO

Santo

Wednesday, July 24, 2002 - 02:31 pm EditMoveDeleteIP
Just a thought.. none of the media reports I've read have picked up on the driving without a license thing, could it perhaps be that she didn't have it in the car with her at the time rather than doesn't have one at all? Thus I imagine presenting it at a hearing would get this charge dropped...

Santo

Wednesday, July 24, 2002 - 02:35 pm EditMoveDeleteIP
It amazes me how much the US differs in terms of laws, here's the law in the UK in case anyone is interested:

The penalties for driving with excess alcohol are a fine, and a statutory minimum period of disqualification of 12 months. The size of the fines and the maximum length of period of disqualification depend on the seriousness of the offence, mainly the amount by which the driver is over the legal limit.

The normal fine for a basic drink drive offence is between £400 and £450

The Road Traffic Act 1991 introduced a new offence of causing death by careless driving when under the influence of drink or drugs with a maximum of 5 years imprisonment, later increased to 10 years.

Hence why I mentioned you don't actually have to go to the hearing in the UK.

Deaffy

Wednesday, July 24, 2002 - 02:39 pm EditMoveDeleteIP
To add to what others have stated:

The fines and stigma (I hope a stigma remains!) of a DUI are just part of it. There's your cost in terms of increased insurance premiums, and if you have any state licensing, or in need of obtaining a surety bond, it could be jeopardized by that sort of conduct.

IIRC, when a blood alcohol level is obtained (blood, urine), there is some sort of compensatory scale used to account for the elapsed time since the traffic stop.

Serena

Wednesday, July 24, 2002 - 02:44 pm EditMoveDeleteIP
re: the drug reference in the DUI papers

I highly doubt it refers to the Sarafem. Someone here said "it is not to be used with alchohol". This isn't true, actually.

The drug monograph says "limit alcoholic beverages." This refers especially to when first going on the medication, when dizziness can occur as an initial side effect. (or, incidentally, when withdrawing from it)

People on Prozac are not told "you can't drink alcohol." It also wouldn't be of legal interest. Let's say someone's on antibiotics and shouldn't drink alcohol. The alcohol can diminish the antibiotic's efficacy, not make someone'impaired'.

If there's a drug reference, it's something else, something recreational.

Crossfire

Wednesday, July 24, 2002 - 02:54 pm EditMoveDeleteIP
Interesting. Where I live, Ontario, Canada the deal is as follows:

One year suspension on a first conviction.

Three year suspension on a second conviction.

Lifetime suspension on a third conviction which can be reduced to 10 years if certain conditions are met.

Lifetime suspension on a fourth conviction with no possibility of ever having an Ontario driver's license again.

Driving with a suspended license:
$5,000 - $25,000 fine for the first conviction
$10,000 - $50,000 fine for subsequent convictions
vehicle impounded at owners expense for a minimum of 45 days


To me, these are not good enough. You get to kill between two and four people before we get serious. And it has happened. There are jail terms as well, but so far, I can only find the minimums which look like a walk in the park.

Crossfire

Wednesday, July 24, 2002 - 03:15 pm EditMoveDeleteIP
Even more interesting, convicted DUI's also have an Breathalyzer ignition interlock installed on their vehicles as condition of license reinstatement. Thats a start.

I also found the jail terms, they range from 14 days, to 14 years. And the fines range from $300.00 to unlimited.

Anyway, way offtopic, so I'm done.

Puzzled

Wednesday, July 24, 2002 - 03:19 pm EditMoveDeleteIP
In Quebec you automatically get a 1-yr suspension of your license on the first conviction, also, as well as a fine.