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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Criminal Law
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Experience:  Knowledgeable in the subject matter.
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I am on probation for DUI. I was arrested this weekend for

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I am on probation for DUI. I was arrested this weekend for the same offense. What should I do, what should I expect. Will I go to jail, can I still fight the offense that I am currently on probation for since the evidence was not good?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 4 years ago.
Since you were already convicted for the first DUI, you can no longer fight it. Since you violated probation and you got caught on the same offense, it is possible to do jail time, since you did not comply with the conditions of your probation. So for the first DUI there is a 24 jail time and with the second offense there is a 72 hour one. Now, it is possible to get released on probation again, but I would definitely encourage you have counsel to speak with the prosecuting attorney to convince they to give you a second chance. If they do give you probation, it may consist of doing more community service, alcohol/drug evaluation and meetings, along with a possible fine of upto $1000.00, not to mention license suspension.





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Attorney & Mediator, Lawyer
Category: Criminal Law
Satisfied Customers: 20012
Experience: Knowledgeable in the subject matter.
Attorney & Mediator and 4 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

Well, technically it was my second DUI that I am on probation for within five years. But I had it treated like it was a first. So this will really look like it is my third. How does that change things and what should I do? I know that I need to tell my probation officer, but I dont want to to to jail for 11 months for violationg my probation, which is what is left. What do I do???

Customer: replied 4 years ago.
Well, technically it was my second that I am on probation for within five years. But they treated it like it was my first time do to lack of evidence. So this is really my third offense within five and I am on probation. I know that i need to tell my probation officer, but i dont want to spend 11 months in jail, which is what is left on my probation. what should i do??
Expert:  Attorney & Mediator replied 4 years ago.
Unfortunately this will be upto your PO as to what they decide to do with you, a third DUI does not look good. If you have not already done so, I would suggest entering a treatment center, to show your PO that you need help and should be permitted to complete the treatment center instead of doing the balance of your PO in jail. Some PO's can be lenient if you have taken it upon yourself to find the help you need, instead of waiting for them to do this for you.



_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

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