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DUI violation of court supervision hearing
Anonymous2 views2 answers
I received supervision for a DUI back in October of 08.' I have had a BAIID device installed in my car which I have to blow into every time I start my car. I recently had 3 failed BAC tests for my BAIID device(.08-.09 and .10) which are above the legal limit. I thought I was ok to drive but I guess I wasn't.
I then received a notice in the mail from the courts that there will be a hearing next month in which I must appear alleging a violation of supervision. I also received a petition to revoke my supervision with the positive BAC scores.
I was wondering what will happen at this hearing and I'm scared out of my mind. Can anyone tell me what might happen? Is jailtime possible? Or more drivers license susp time? My license had already been susp for 6 months after the DUI
Thanks
You definitely need to hire a qualified attorney in your geographic location, which is not noted in your question. A violation of court supervision, if proven, allows the judge to resentence the person to up to one year of jail, and to revoke that persons driving privileges for a minimum of one year upon entry of a conviction. however, none of those things is automatic. First, many things can cause a failure of a BAIID device, including hand sanitizer, bread, soda pop, etc.Second, a judge could simply extend your sentence and add other terms besides jail.
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
Sir,
If you, even on a DUI supervision, consistently produce positive BAC scores with your BAIID for three times, i highly doubt, it is a hand sanitizer you need to be concerned about. It appears that you face a potential violation of your supervision and a possible jail time. You must consult a criminal defense attorney without any delay since it is your freedom that is on the line. Also, I would strongly consider an effective medical treatment for your substance abuse problem. From the fact pattern you presented here, it is not prudent to assume it will disappear without any professional inervention.
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