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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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im on dui probation starting back march 18th and got driving

Customer Question

im on dui probation starting back march 18th and got driving under revoke last saturday in another town and county (all in Oklahoma)


should i report it? or will my po even find out and will i get revoked and if so how much time will i do cause i have a 1 year suspended sentence. i had 30 days to do a drug and alcohol evaluation that i still haven't done i have done 165 of my 175 comm service hours but still don't have a job
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Ely replied 6 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Is taking a alcohol test a part of your regular PO visit?
Customer: replied 6 years ago.
no and all contact with po is by mail and phone cause it's da probation
Expert:  Ely replied 6 years ago.
And you did not get arrested, correct? You just went out and had some alcohol without incident?
Customer: replied 6 years ago.
no alcohol was involved with the new charge but it is driving under revoke
Expert:  Ely replied 6 years ago.
Oh, I see what happened. You were charged with driving with a revoked license. My apologies.

Whether or not you let the PO know, they will find out anyways - as soon as the paperwork goes through, the PO will know because they will likely be notified.

The good news is that unless you are convicted, it does not count, so there is still some wiggle room here (not much, since the case is pretty open and shut). So whether or not you let the PO know does not matter - they will find out. Because POs are used to individuals constantly lying and trying to get away with bad conduct, telling the PO up front might be a change for them and they will appreciate it, and might go easier on you. But again, it is your choice, of course.

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Customer: replied 6 years ago.
how much time do you think i will get cause it is a probation violation
Expert:  Ely replied 6 years ago.
Hello,

That, I really cannot say. First of all, understand that only if/once you get a conviction, would it count as a violation. The charge itself is not a violation per se, except that if you admit that you were driving without a license, it would be. In other words, unless the PO knows you were driving on a revoked license or the Court finds that you did, it is not a violation yet.

How soon will the PO know depends on the databases used, etc. Likely within a week to two weeks.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

http://www.justanswer.com/law/expert-attorneyeli/

…if you do this, make sure to begin the question with “This Question is for Eli…”
Ely and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
thank you
Expert:  Ely replied 6 years ago.
You are welcome. I hope that this and all your other future endeavors work out.
Expert:  Ely replied 6 years ago.
Hello,

I would like to amend my answer:

-your probation likely mandates that you report the incident anyways, and not doing so can be a violation in itself
-while you are on probation, the state can prove the new charge by a preponderance of the evidence, and since here this is a clear cut case, it is likely a violation of probation.

Ergo, my original answer still stands - it is best to report this to your PO. Good luck.