I have a friend who is on probation for 5 years now after 2 years she got a car accident after drink a few beers. I wonder if she is going back to jail or she may get a second chance? She has been a very good person during these 2 years... working and without any other problem.
2007-04-20 05:00:11 · 17 answers · asked by Need an Advice 1 in Politics & Government ➔ Law Enforcement & Police
Standard conditions of probation include the following:
*You shall not violate the laws of this state or any other jurisdiction.
*You shall not consume any alcoholic beverage, intoxicant, or controlled substance unless prescribed for you by a duly licensed physician.
By getting a DUI, she is in violation of the condition to not violate any law. By drinking, she is in violation by consuming an alcoholic beverage.
A PTR (petition to revoke) will be filed against her, and she will have to convince the court that she did not violate the terms of her probation. The breathalyzer or chemical test will be proof that she did indeed violate.
She could be sentenced to serve the remainder of her first sentence in jail. In addition, she could be sentenced to serve time in jail for the DUI.
I don't care how good she has been in the last two years. She probably hasn't really been good. She just didn't get caught until now.
To minimize the chance of going to jail, she should start Alcoholics Anonymous IMMEDIATELY and also start intensive rehab.
2007-04-20 06:58:19 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
5 years is a long probation period. Must have been a serious offense. Depending on the conditions of the probation, and keeping in mind DUI is a jailable offense, she might be looking at jail time. The decision will be up to the Probation department, and the Judge.
2007-04-20 05:39:02 · answer #2 · answered by CGIV76 7 · 1⤊ 0⤋
They usually end up in jail no matter what voilation of probation they get charged with to serve out the remainder of thier probation in jail +some depending on what charges they get. My Boyfriend is currently serving the rest of his probation in jail for a minor voilation, and he was almost done with it too so chances are shes going to jail at least for a couple months especially for DUI.
2007-04-20 06:50:38 · answer #3 · answered by ? 4 · 0⤊ 0⤋
More then likely. Maybe the judge might go easy on her but I don't know. Probation is your way of staying out of jail but since she did something to break that then she probably is going to jail. Two years of good behavior won't erase the fact she could have killed someone by driving drunk.
2007-04-20 05:36:52 · answer #4 · answered by clarnely_2001 4 · 1⤊ 0⤋
If she's broken her probation she potentially faces the remaining 3 years of her probation behind bars PLUS additional time for the DUI.
Btw, probation WAS her second chance.
2007-04-20 05:10:00 · answer #5 · answered by chuck_junior 7 · 2⤊ 0⤋
your friend has a very good chance of going back to jail because she violated her probation. anyone who is on prabation for the things they have done and if they have violated it then they go to jail for x number for years. i had a friend who was on probation and he went out to a bar and drunk and he knew it was wrong but he drove anyways and he crashed and killed some one and now he's jail for what he's done. your friend has no second chance coming her way. she has to pay for what she's done.
2007-04-20 05:18:44 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Your friend is on probation. Sounds like she already got a second chance.
Find out when visiting days are.
2007-04-20 07:09:29 · answer #7 · answered by TedEx 7 · 0⤊ 0⤋
Doesn't matter how good she was up to the point she violated the conditions of her probation. Those conditions are in place 24/7 up to the point she has satisfied the terms of it.
2007-04-20 05:32:15 · answer #8 · answered by meathookcook 6 · 1⤊ 0⤋
She has broken the terms of her probation, so yes she can and may very well go back to jail. To be honest, anyone who is irresponsible enough to drink and drive should be in prison.
2007-04-20 05:04:58 · answer #9 · answered by Elizabeth Howard 6 · 1⤊ 1⤋
Any act that violates the conditions of probation can place the offender back in jail to finish their term of incarceration!
2007-04-20 05:04:44 · answer #10 · answered by KC V ™ 7 · 4⤊ 0⤋