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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27099
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Was really suffering from a respiratory illness and totally

Customer Question

was really suffering from a respiratory illness and totally forgot about the Nyquil I took. Apparently it did show up and I blew two viol and then some sort of B.A.C came up but it all scared me pretty bad so had my wife drive me to work. the system never locked me out. do I have anything to be concerned about at my next meeting with my P.O.? i'm afraid she is going to think i'm trying to pull one over on her, but between the unit, UA's and an inititaly 90 day call in for UA I was always clean. Really worried about this
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
what concerns me is that .I have tested negative for everything and the device in the car has never been issue
Expert:  Zoey_ JD replied 1 year ago.

Hello,

While I cannot say that you have absolutely nothing to worry about, I can say that in my experience, even if probation were to violate you for the alert from the car device, one slip of this sort in an otherwise perfect probation record is not likely going to make your PO want to revoke your probation altogether and have you resentenced to jail.

Probation has a whole arsenal of possible sanctions available to them, ranging from a wrist slap (more intensive supervision, more reporting requirements, more random alcohol tests) on the one extreme to house arrest or revoking probation outright on the other. What they will do in your case will depend on many factors, such as your background and history and the facts and circumstances of the underlying case, how well you have been getting along with your probation officer, whether you've been in good over all compliance with the terms of your probation before the violation or whether you've given them trouble before (and how much of it). From what you've said, all of that will reflect well in your favor.

These aren't all of the measuring sticks that will help probation to decide how to handle your matter, but it will all come down to whether probation thinks that working with you will ultimately turn you into a successful probationer and a productive citizen or whether they think you never will get the message and will want to wash their hands of you. This is a technical violation. That is, it did not result in a new arrest. It would be atypical for probation to give up on you at this time for this type of a first violation.

If/when a violation is lodged, you will be entitled to a hearing. You should notify your lawyer so that in the unlikely event that probation doesn't believe you and your PO and the DA are asking for revocation and resentencing to jail, someone can put forward all that you have accomplished so far and make a good argument for continuning you on probation or, as a worst case scenario more intensive supervision/house arrest.