Jen661
07-22-2004, 01:22 PM
My boyfriend just got sentenced to 5 years @ 85%. He was given 2 years for a 2nd offense DUI and 3years + 85% upgrade for a GBI.
Story goes something like this.. he had a DUI 4 years ago when he was 19 years old. he was driving down the 710 when a van 3 car legnths infornt of him swerved drastically (the van had just missed an overturned vehical in their lane) my boyfriends front tire went flat from debree and he lost control and nicked the front end of the overturned car. (no one was inside that car) He pulled over called 911 and waited for the police. The police took his report and ran his drivers license and saw the DUI and breathalized him even though he passed the sobriety check. due to the prior .. next thing he knew he was in the back of a cop car and they told him a by stander was hurt seriously. by stander was a fish and games officer that was supposedly trying to help by standing on the center divider @ 2 am in the morning. They said the bumper had flown off the car and cracked open this guys shull. in the trial the bumper was tested for DNA and came up negitive and the police report showed they found the bumper 600 yds from this guy so that was thrown out of evidence and there was no other idea of how this would have happend. So with out any evidence how can they find someone guilty of the GBI? Is this good grounds for an appeal? please help! I have never gone through this and have no clue what to do. Is he eligible for fire camp and if so does the 85% still stand? I heard in camp they get2 days for every day they serve?
Story goes something like this.. he had a DUI 4 years ago when he was 19 years old. he was driving down the 710 when a van 3 car legnths infornt of him swerved drastically (the van had just missed an overturned vehical in their lane) my boyfriends front tire went flat from debree and he lost control and nicked the front end of the overturned car. (no one was inside that car) He pulled over called 911 and waited for the police. The police took his report and ran his drivers license and saw the DUI and breathalized him even though he passed the sobriety check. due to the prior .. next thing he knew he was in the back of a cop car and they told him a by stander was hurt seriously. by stander was a fish and games officer that was supposedly trying to help by standing on the center divider @ 2 am in the morning. They said the bumper had flown off the car and cracked open this guys shull. in the trial the bumper was tested for DNA and came up negitive and the police report showed they found the bumper 600 yds from this guy so that was thrown out of evidence and there was no other idea of how this would have happend. So with out any evidence how can they find someone guilty of the GBI? Is this good grounds for an appeal? please help! I have never gone through this and have no clue what to do. Is he eligible for fire camp and if so does the 85% still stand? I heard in camp they get2 days for every day they serve?