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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I got a dui in ohio, live in pa. My probation is in ohio. I

Customer Question

I got a dui in ohio, live in pa. My probation is in ohio. I went to dinner with my 24 yr old son and we had a beer( he just came back from iraq) My po from ohio saw me and sent me a letter for court for probation violation. I did not get tested for alcohol this is just by her seeing me.What can happen?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Ely replied 7 years ago.

My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

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Have you ever failed a urine test? Do you need to abstain from alcohol as part of your probation?

Customer: replied 7 years ago.
No I haven't failed a urine test because they have never given me one. and yes I am supposed to not drink. The only reason I did was my son surprised me coming home and we were out celebrating, I hadn't heard from him for a month and we were really worried. He bought us the beer and I just didn't think because of all the excitement. I know its not an excuse but I haven't been drinking since my dui.
Expert:  Ely replied 7 years ago.
Sure. Well, this is not good, but it's not the end for sure. Your actual PO will read the letter and call you in for a UA. If you fail, the PO will put in a MOTION TO REVOKE COMMUNITY SUPERVISION, i.e., to take away your probation. If that happens, there will be a hearing and if the Judge terminates your probation, you'd be sentenced in according to the sentencing guidelines for your original offense or be given the sentence you already had minus the days you spent before you received probation. It will all fall on the Judge. If this happens, I do recommend an attorney and to explain what happened - there is little you can do to deny it. If the Judge warms to your story, perhaps he'll just admonish you and amend the probation to include UA every two weeks or so.But before all this happens, if you do test positive, talk to the PO and explain what happened - if the PO has a heart (they usually don't), it might not even get to the Judge.

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Customer: replied 7 years ago.
The probation officer did not call me in to test me. She saw me in the establishment, where they serve beer and food. They did not ask me to test just sent me a letter stating I had to appear before the judge for parole violation because she saw me drinking a draft beer at the resturant. Should I just get a lawyer or see what happens first.
Expert:  Ely replied 7 years ago.
No, no - get an attorney - it looks like they'll skip the UA and will just go before the Judge so that's the hearing I was talking about. DO get an attorney.