QUESTION

Is it possible for someone to serve a mandatory 60 days twice?

Asked on Feb 19th, 2012 on DUI/DWI - Michigan
More details to this question:
My husband plead guilty to a DUI & jailed that day in contempt. He decided to serve his mandatory 60 days waiting for his sentencing. after 74 days he was sentenced inmate/out mate intervention. He has to do 60 mandatory again. Doesn't he get time served while waiting?
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6 ANSWERS

Drug Charges Attorney serving Houston, TX at Cynthia Henley
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If he was sentenced on a contempt, he does not get that time credited toward his DWI if he was still on bond. He should get credit for any time he was in jail with a pending case toward that case unless the judge ordered the contempt to run consecutively after.
Answered on Feb 24th, 2012 at 6:22 PM

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Jacob P. Sartz
Your husband should consult privately with a lawyer. Speaking generally, contempt of court is a different type of proceeding with it's own unique set of rules. Technically, he may still have been on bond on the original charge while serving his time for the contempt matter. Further, if he had his bond revoked, that might be an issue in terms of his time as well. Your Husband should ask his attorney or request an appeal, however, if they got his sentence wrong.
Answered on Feb 24th, 2012 at 11:41 AM

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Michael J. Breczinski
You say he was jailed for contempt. That is a separate charge for which he can be sentenced.
Answered on Feb 24th, 2012 at 8:12 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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He is not doing the mandatory jail time twice. A DUI is punishable by up to 1 year in jail. When he was convicted, he probably received a suspended sentence. This means that the judge sentenced him to 1 year in jail and suspended all but the initial 60 days, which was mandatory, based upon his criminal driving history. 365 - 60 = 305 days that the court holds over your husband's head to ensure that he complies with all conditions of probation. Probation lasts 5 years on a DUI. If your husband violated some condition of probation, the judge may have ordered him to serve additional time.
Answered on Feb 23rd, 2012 at 4:18 PM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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Sounds complicated. So 60 days for contempt, and then what prompted the other time? Hire an attorney!
Answered on Feb 23rd, 2012 at 2:20 PM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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It would depend on why he was in jail the first time. There is some reference to a probabtion violation and if this is why he served he might not get credit. He should consult with an attorney who can review the file and further advise.
Answered on Feb 23rd, 2012 at 1:04 PM

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