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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23417
Experience:  9+ years defending Misdemeanor and Felony cases.
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violated my probation with an second offence owi withen 5 years....

Customer Question

violated my probation with an second offence owi withen 5 years.... was on probation origanly for owi in 2009, i had 6months supended with a year probation... i payed a lawyer 1500 to represent me.. i go to court on monday....When i was prossesed i think the jail broke a rule while bringing me in for my breath test... I think they are supposed to wait 20 min before adminstering the breath test when i arrived.... and (or) ur not supposed to have anything near your mouth, or ur suposed to have to waite 20 min before the breath test.. i was coufing on perpose to try an get an extra few min to take my test, cause i knew i wld pass... Well they still took me right in and tesed me.. I blew an .08.. can i fight that charge,? and what kinda time am i looking at? PS,,, ive served 3 weekes on my owi, got served my warrent in jail. But they didnt process it, messed up and let me bond out.. So i called my probation and she looked into why they let me out and i ended up having to turn myself back in on the probation warrent a week later. Im currently serving time, and have been in for another 3 weeks.. I am on wrk release, and have court on monday... what do you think will happen? I am an veteren of iraq freedom and also served in operation enduring iraq freedom.. just for your info.. and i only have three charges on my recorde.... in 99 wreckless driving 2009 owi and 2011 owi with a probation violation...was 3weeks from compleating my terms of my probation, when i got this charge...further, What kinda deal do you think my lawyer will b able to wrk out.. And beings i was acepted for wrk release, do you think i will be able to get my time on house arrest?
Submitted: 5 years ago.
Category: Criminal Law
Customer: replied 5 years ago.
Relist: I prefer a second opinion.
Expert:  CrimDefense replied 5 years ago.
Yes, you could fight this but the burden of proof at a violation of probation hearing is much lower to that of a trial. If you are found to have violated probation, you could be sentenced to the maximum amount of time under the law for the OWI which you were on probation for. If there was a violation in the procedure for the breath test, that evidence could be suppressed. If so, the evidence presented would have to be that of the testimony and evidence of the police officer(s).
Customer: replied 5 years ago.
Relist: Answer quality.
Expert:  CrimDefense replied 5 years ago.

Myself and another expert have provided you with correct information regarding the facts presented. You seem to just be re-listing without an reason. Can you explain exactly what you are looking for?

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