ok, arrested for DUI, blew .13 or so. I hit the curb and ripped off my bumper, no injury or damage but to my own property. First and last DUI ever. Have a month left on 3yrs probation for something else in another county. What will mostly happen. scare and confused. Please help. No more drinking and driving, I promise. No charge for the DUI in court yet, probation will end on the 22nd of DEC, can i ask for an expungment after the probation end. Will that county violate my probation? Is probation violation base on the charged date or the arrest date. Again please help.
2007-12-10 19:48:47 · 10 answers · asked by Minh m 1 in Politics & Government ➔ Law Enforcement & Police
It depends on your local laws and what your prior offense was. DUI law is totally local. The best thing you can do is find a good lawyer, esp one who is well connected, like a former judge or county attorney, and follow the court's instructions to the letter. A well connected lawyer can work out a better bargain for you in the long run than someone whose pic is in a phonebook who's just trying to make a buck off you.
2007-12-10 19:56:38 · answer #1 · answered by Anonymous · 0⤊ 0⤋
In my state, you would be facing 2 court dates,: one for the DUI and the other for the probation violation. Probation violation is an almost automatic imposition of the original sentence, which would have been waived had you finished the term of probation. In all likelyhood you've lost any chance of the original probation being expunged. Probation violation is based on the date of the event. Again, in my State you would be facing almost certain jail time on both charges. I hope you've retained a good lawyer, and have something he/she can present as mitigating circumstances. Didn't anyone tell you that even taking one drink could be a violation of your probation?
2007-12-10 20:17:02 · answer #2 · answered by Helmut 7 · 1⤊ 0⤋
...You should have an Attorney to represent you, however, if you represent yourself... "if" you have no violations during your probation time you can ask the Court to just "file" the case without a finding, since you've "cleaned up your act". Each State is different in the "expungment" or "sealing" of a record... most States will not seal a DUI as "they" love to have it on the files in the event "you" get another so "they" can show your driving history... (that's why an Attorney is a good investment in a case like this)...
2007-12-10 19:55:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
A probation in another county, still counts under state laws , if in another state you may get lucky if they dont search properly, but dont count on it.
Get legal to show clean record for a majority of the 3 yrs & you may get an easier ride, but you may well get summons back for the violation.
A probation violation is based on arrest date.
2007-12-10 19:57:23 · answer #4 · answered by bwauder_td 3 · 1⤊ 0⤋
TABC is a reliable initiate. they might have some thing on line a chart or some thing. If he have been given busted properly all I have been given to assert is that if he knew he replaced into under the impact of alcohol he ought to of refused container sobriety try breathalyser blood try. What do they circulate to coach. .09 isn't that lots. relies upon on what he replaced into ingesting and what time-physique
2016-11-02 21:05:45 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Get your case continued. PRAY something will happen and the day your case goes to court your arresting officer doesn't show up or your lawyer comes up with something good!
2007-12-10 19:54:47 · answer #6 · answered by Southern Bell 2 · 0⤊ 0⤋
What is the very worst answer they can say if you ask ? But if you want a more persuasive affirmative answer just hire an attorney that will ask the judge for you .
2007-12-10 19:53:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋
This isn't a forum for criminals like you to trade tips of the trade. You crooks really disgust me
Get a life!!!
2007-12-10 19:58:08 · answer #8 · answered by Anonymous · 1⤊ 1⤋
depends on the law of your state/ country.
2007-12-10 19:52:44 · answer #9 · answered by Jenn S 5 · 0⤊ 0⤋
Don't drink and drive....
2007-12-10 19:58:17 · answer #10 · answered by nobodyspecial 3 · 0⤊ 0⤋