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babu4 · May 10, 2008, 05:39 PM

My husband had his first dui 10 years ago and just received another one.
He was .08 and felt he was totally fine to drive, I picked him up at the police station
And I thought he was fine as well.
He was given 10 weekends in jail and then 20 days house arrest. He has his own business and will need to travel out of the state for some very important board meetings... will he be allowed to travel out of the state when he has to wear the ankle braclet on house arrest?? We are in the state of pa? He seems to think it will not
Be a problem.. He has not met his probation officier yet... should he contact his lawyer? Do judges handle all cases differently? Any feedback would be greatly
Appreciated.

Gem_22205 · May 10, 2008, 06:36 PM

Most definitely he should be in contact with his probation officer to request permission to do any traveling outside of the local area. It is wise never to assume . Here is a link of one counties rules on the same topic.

http://www.crawfordcountypa.net:7777...s/rule_708.htm

Good-Luck.

Fr_Chuck · May 10, 2008, 06:44 PM

I would say no, house arrest normally means house arrest, he could be allowed a certain time to work but has to return home that evening by a certain time. ** he seems not to be taking this as seroius as he should, since those days of house arrest can be days of jail arrest very easy if he does not follow the terms. They may allow him to start it a few days latter if he has some meettings, but he has to understand that he has to change his work habits for those days and not travel and act like there is no house arrest going on.
** If I had to bet, I would say no,
In fact he has to even have permission to travel out of state to start with.

And to be honest if he goes to the PO with the same attitude of your post, "he was find" " still beleived he could drive" this is not going to go very far with the PO at all, he wants to hear that you were wrong and that you are learning your lesson and so on.

Also many PO are just jerks and others are very strick to the rules,
The judge ordered house arrest I will assume from certain date to certain date, the PO is just going to enforce those specific times,

If he wants to be breaking the terms of the sentence, yes he should have an attorney.

twinkiedooter · May 12, 2008, 02:51 PM

If he wears an ankle monitor there is also a monitor in your home that uses the telephone to call in his presence once he is home. If he does not strictly adhere to the schedule his home arrest officer gave him he will go to jail. They will come and pick him up either at home or at the office and ask questions later while he is before the Judge. He's on home arrest, not probation which are two different things. And no, I seriously doubt anyone on house arrest will be able to travel out of the state. Be happy he is not in jail but able to come home at night and be able to go to work. He'll just have to schedule his important meetings until he is off house arrest. If he leaves the house after he comes home and say goes to the corner store for a pack of smokes and then goes home, they WILL come and pick him up. That is considered an escape. If he cuts off the ankle monitor that too is considered an escape.

Alty · May 12, 2008, 02:59 PM

House arrest is like jail time in your home. They are being kind by allowing him to remain at home instead of having his entire sentence in a prison.

House arrest will be treated like jail time, so no, he cannot leave to go to work, he wouldn't be able to do that if he was in jail, would he? They are doing this to teach him a lesson once and for all, and hopefully it works!

His only chance is to talk to his probation officer, and or his lawyer, then some allowances might be made, but not necessarily. Next time he should think before he drinks then drives, next time he could kill someone, then he won't have the option to work, he'll be in prison!

JudyKayTee · May 12, 2008, 03:01 PM

Originally Posted by babu4

my husband had his first dui 10 years ago and just received another one.
He was .08 and felt he was totally fine to drive, I picked him up at the police station
and I thought he was fine as well.
He was given 10 weekends in jail and then 20 days house arrest. He has his own business and will need to travel out of the state for some very important board meetings........will he be allowed to travel out of the state when he has to wear the ankle braclet on house arrest??? We are in the state of pa? He seems to think it will not
be a problem....? He has not met his probation officier yet.......should he contact his lawyer? Do judges handle all cases differently? Any feedback would be greatly
appreciated.

This has been posted before - I think pretty much the same scenario and house arrest meant just that - he's allowed to work and the rest of the time he's in or around the house.

Was he required to have the breathalyzer installed in his car? Pennsylvania is big on that and tough on violations involving alcohol.

I'm sure you know it's not whether he felt "fine" to drive or you thought he was "fine" to drive - it's what the breathalyzer said and for some reason he was pulled over.

This might be a painful, expensive lesson for him.