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Ely
Ely, Counselor at Law
Category: Criminal Law
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I am on probation for a DWI in MN - part of my probation was

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I am on probation for a DWI in MN - part of my probation was to complete a Driving with Care course and remain sober while enrolled in this course. I had no issues with this at all and I graduated my course on Thursday. Friday, stupidly, I had drinks and over did it. After being sober for three months, my tolerance was much lower. Regardless, I did drink and I walked to the grocery store. I tripped (but didn't fall) on the curb and someone called the police claiming I was stumbling. They showed up and met me at the door after I purchased my food. They took down my information and asked me if I had driven. I told them "no" and that I had walked from my house. I told them I was fine to walk back, but they insisted on giving me a ride. I didn't receive a ticket or anything at that time nor have I seen anything in the mail (yet). I did leave a message for my probation officer stating that I had police contact, did not get in trouble, and was just making sure she was aware. Now I am freaking out that I violated something I am missing...there are no conditions that I cannot drink as part of my probation aside from while I was enrolled in my program which I did already complete... am I missing something? Could I be in trouble?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please clarify if you are:

1) Still on probation; and
2) If so, are not allowed to consume alcohol?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


I am on probation for 4 years. The terms of my probation are as follows:


 











Probation - Adult:
Type: Supervised probation Agency: Hennepin County Community Corrections - Adult Field Services Term of 4 Yr 12/12/2012 - 12/12/2016 Status: Active 12/12/2012

















Condition - Adult:

1. No same or similar, 12/12/2012, Active 12/12/2012


2. No alcohol-related traffic offenses, 12/12/2012, Active 12/12/2012


3. No drug-related traffic offenses, 12/12/2012, Active 12/12/2012


4. No careless driving, 12/12/2012, Active 12/12/2012


5. No driver license violations, 12/12/2012, Active 12/12/2012


6. No driving without insurance, 12/12/2012, Active 12/12/2012


7. No reckless driving, 12/12/2012, Active 12/12/2012


8. Complete Adult Substance Use and Driving Survey, 12/12/2012, Active 12/12/2012


9. Follow all instructions of probation, 12/12/2012, Active 12/12/2012


 


As far as #9 goes, they put my in a class and a requirement of the class was to remain sober for the duration of the class only. I completed the class on May 30. My situation as described of the police giving me a ride home after I walked to the grocery store occurred May 31.



Expert:  Ely replied 1 year ago.
Thank you, friend.

It seems that your probation requirements required you to stay sober for the class, but had no general "no drinking" requirement while you are on it, AM I CORRECT?

This is very important.
Customer: replied 1 year ago.

I was never ever advised that I could not drink. I have documents from probation stating I must remain sober during my class and that is the only box that is checked. The box stating that I cannot drink at all was not checked nor did the probation/chemical dependency person state that I could not drink. She stated that I could not drink during my class only. My class also was based around responsible drinking after graduation (not 100% sobriety) and making better decisions about drinking. I was not required to go to treatment or anything along those lines.

Expert:  Ely replied 1 year ago.
Friend,

Okay, thank you. It is very unusual for a probation for a DWI not to have a non-drinking requirement, but then again, it happens. So I am going to assume for the purpose of this question that your probation did not disallow you to consume alcohol.

If so, then you arguably did not do anything wrong. You also did not drive, nor did the officers that you had contact with have any reason that you did.

You were correct in contacting the PO. Whether or not they would have found out anyhow depends on whether or not the beat officers would have called the PO, but the point is you already did, and that is done. Provided that you stick to your story that you did not drive, and provided that your probation did not disallow you to drink, then there really should not be a problem. It sounds like you handled this expertly since in the end, you did not violate probation and still had the courtesy to let the PO know (i.e. helps with trust and confidence of the PO in you).

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 4 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


The probation officer still has not called me back regarding my message that I had police contact. I know there are a lot of factors that come into play with something like this, but should I be concerned about not having heard from them equating to myself being in trouble? I am very very nervous and scared...

Expert:  Ely replied 1 year ago.
Friend,

First of all, calm down. You are not helping yourself by being nervous, and it only makes you more nervous.

Understand that the PO cannot violate you for something that is NOT a condition of your probation. If you did not break any conditions, why would they violate you?

but should I be concerned about not having heard from them equating to myself being in trouble?

No. The PO has about 50+ individuals they deal with every day. Quite the opposite - if they were upset with you, would they not be calling you immediately, as opposed to relegating this matter to later and first dealing with actual issues?

I bet that you have not thought of this because you are so nervous. Take a breather. Again, provided you did not violate the terms of your probation, you did not do anything to warrant its revocation (and it seems the police did not ticket you for public intoxication or anything else).

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


Thank you, Ely,


 


I sincerely XXXXX XXXXX help. I just spent the entire weekend trying to Google what was going to happen to me. Of course, Google does list some worst case scenarios that scared the heck out of me despite the fact that there is nothing listed on any of my court papers requiring me to abstain from alcohol outside of my class duration. I guess I am just a worry wart and have my stomach in knots over this whole thing.

Expert:  Ely replied 1 year ago.
It is my pleasure. If the PO has not called back, it is generally acceptable to call once a day and leave a nice, not too forward message.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.
Customer: replied 1 year ago.


You are welcome - thank you for answering my questions. One more for you, if I may? You mentioned that calling once a day is generally acceptable. Do you think that considering myself having done my part and just leaving it alone now until my next scheduled call in (16th) would also be acceptable? Or is it better to follow up daily?

Expert:  Ely replied 1 year ago.
Friend,

Do you think that considering myself having done my part and just leaving it alone now until my next scheduled call in (16th) would also be acceptable? Or is it better to follow up daily?

If you can wait until the sixteenth, then this is best. I just thought that you may have been bothered and wanted to "touch base" with the PO to assure yourself that everything is okay. If you can wait until the sixteenth without calling once a day, or, every few days, then this is best.
Customer: replied 1 year ago.


I will do my best to consider "no news is good news". Though I do want to know if there are any consequences to this situation, I also do not want to upset my probation officer and run the risk of her doing anything spiteful because of my persistent messages.


 


I feel as though if I seem panicked and am calling repeatedly it may come off as me acting guilty of some violation that I am not. Though embarrassing and not ideal, there is nothing outlined in any of the documents I have from court, chemical dependency department, or directly from probation that indicate abstinence from alcohol outside of my class.


 


I think perhaps I just needed to talk this out with someone rather than it going around and around in my thoughts. :)

Expert:  Ely replied 1 year ago.
No worries. Understandable.

Let me know what happens if you care to.
Customer: replied 1 year ago.

Ely,


I'm sorry, I do have one more question - do I have anything to worry about regarding MN Rule 7503.1700? This appears to only apply to people who have three or more DWI convictions (I have two total), but I just want to be sure I am reading it correctly...?


 


I do have my license back under the condition of the Ignition Interlock...Just want to make sure I am not missing something...


 


 

Expert:  Ely replied 1 year ago.
If you have under three in the past 10 years, this does not apply.
Customer: replied 1 year ago.

Thank you, Ely - I think I need to stop "Googling" things now...

Expert:  Ely replied 1 year ago.

Simply do not panic. Good luck.

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