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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 115464
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I don't know what to do. My lawyer is done with me, I got

Customer Question

I don't know what to do. My lawyer is done with me, I got another DUI..number 5. The Judge knew me..had been through drug court.. He and the DA through the book at me for DUI 4 (3 felonies and 6+ months in jail). But, like the GREAT drunk driver I am, I got a 5th offense yesterday, this one is 2 felonies. I have no idea of jail time and pretty much don't care anymore. For the 4th offense the Judge said there would be NO plea bargain, I know this will happen again. I told my lawyer there was no reason to show up because I am screwed.
JA: What state is this in? And can you tell me a little more about the charge?
Customer: TN and I had revoked DL. Not sure what my alcohol will be BUT is was taking benzos bc I was on the breathalyzer. My real question is they want to put a scram on me (no problem) BUT bondsman said when I turn myself in for year plus of jail time, they will put scram in my property and charge me daily ($14 a day for a year). Should I just play "dumb" and get back on the portable breathalyzer (my probation officer is flexible) I mean what' one more violation when facing 5 felonies?
JA: Has anything been filed or reported?
Customer: oh yes, court date/arraingmant is 9/28 for 5th DUI and I am to report to jail 10/02 for 4th
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have a court order for the SCRAM. I believe I can talk to probation for the portable. I know this is wrong, but it would be $3,000+ to have that scram in my"property"
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to hear you are having this problem, but unfortunately, every program you could attend will tell you that you have to hit rock bottom before you decide to fix yourself. Yes, you are in deep trouble I am sorry to tell you. They are not going to use the PBT this time, they are going to insist on the scram and you are going to be made to pay it OR you are going to be told they will simply hold you in jail until your trial. I just had someone on their 5th DUI and standing there I felt bad for the defendant and there was nothing I could say (the judge even said to just not make any excuses as he had given him enough breaks). While your PO may be flexible, the court is not generally going to be flexible, since the scram is constant monitoring and constantly detects for violations.

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