My brother was recently sentenced on a 4th DUI and 4 charges of Aggravated Battery. There were serious injuries but no deaths. He recieved 7...

Question

My brother was recently sentenced on a 4th DUI and 4 charges of Aggravated Battery. There were serious injuries but no deaths. He recieved 73 months in prison. Rencently there have been rumors of the other driver being under the influence of a substance. Would that have been an issue in the case? Should that have been disclosed? We understand my brother has to serve time but that much. I don't know. Shouldn't the other driver have consequences??

Thank You!!

Trish

Answer

The other drivers state of intoxication does not affect your brothers DUI conviction. It could l affect his conviction on at least one of the battery charges (if he was accused of battering that driver), as long as the issue was explored at trial. If the prosecution withheld the information of the other driver's intoxication, your brother's attonrey may be able to appeal that conviction.

But, 72 months on a 4th DUI may be wll within the guidelines, without consideration of the Aggravated Batteries. 60 ,omnths woudl be within the guidelines for the 4th DUI, Therefore, 12 months for 3-4 ABs may be within the sentencing discretion fo the judge. If your brothers intoxication coupled with teh only other party/victim's intoxication, may be enough to negate all the batteries.

These determinations are very fact-specific and require much more information than you can provide here. If our brother wants to explore his appeal prospects, he shoudl consult with his trial attorney as soon as possible. If he is not satisfied there, you may need to hire an appellate attorney for him.

Good luck