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Will my probation officer violate me?
Anonymous4 views2 answers
I am on probation in Nashville, TN for a second offense D.U.I. My license is suspended for another year. 2 months ago I was pulled over for speeding in S.C. I have been to court and received my fines. I have yet to notify my probation officer. I was also cited in Northern California for "driving with an open container" but the standard D.U.I. tests and breathylizer showed I was not drunk. I also was not "driving" per say. The car was parked, the passenger was inebriated. The keys were in the ignition and the car was running. I was in the driver's seat. I have not reported this either. The passenger's lawyer is dealing with this case now so it has not been official yet.
What are the chances my probation officer will violate my probation when I tell him about these issues today?
Thank you!
It sounds highly probable because your probation violations are all associated with alcohol, cars and moving violations -- similar behaviors that cause you to be on probation to begin with.
Michael Edward AtwaterLitigation LawyerColumbia, SC ·
Judges are much more harsh on recidivists (repeat offenders) than first time offenders. The fact that you are repeatedly getting caught for the same crime is strongly indicative to a judge that anything that has been tried in the past (i.e., PTI or probation) apparently wasn't strong enough to get your attention. Solicitors and judges universally believe that when a person is a repeat offender, that they have most likely offended more times than they have actually been caught.
Your probation conditions require that you report these circumstances. Failure to report them is a violation of your probation in and of itself.
I have seen many probationees fail to report these matters and get caught. It adds another offense to the situation and makes it much worse. In most states, you can be brought back into court and have your probation reinstated if your probation terminates and it is subsequently discovered that you had committed a violation while still on probation. It is best to be forthcoming and handle thius situation now. You would be better off with an experienced criminal defense attorney to assist you.
