On my 2nd DUI guilty verdict on Jury Trial in Dec. 2008 at Gwinnett County State Court in Georgia, I was ordered to serve 24 months probation. Having about 9 months left on my probabtion I have been allowed to be on non-reporting since January 2010. I have completed all other requirements without any violations. Just recently in March 9, 2010, my PO asked me to report in to be served on this petition for modification/revocation of probation in violation of one of the conditions of the probated sentence, in that, I failed to abstain from alcohol on last late October in Gwinnett County based on my own statement of the police report where I was an assault victim on that particular day. The Police report shows as I said "....after we had a some drinks... I was attacked by this guy...." But, the fact of the matter is, I haven't even touched any alcoholic drinks that night. The officer misunderstood and wrote it as if we all drank. Two out of three including myself didn't drink alcoholic beverage. I drank water and diet coke for less than 5 min. because the assault happened as soon as I sat down... The court hearling in front of Judge is set for early April. I need to know what step I must take besides telling the truth. Do I need to hire a lawyer and spend $$ when I didn't even violate such rule? And it was way back in Oct. What I meant by drinking mean I drank water, one of them drank whisky and the other drank coke and water..? Please assist me to properly follow the steps to prove that I am innocent... Thank you for any advice in advance.

Its always best to go in loaded for bear. Also you might want to supeona the police officer that took the report. And get his statement. You can get it through "discovery". And ask questions. The main thing is if he noticed anything unusual about your behavior or the you smelled of alcohol on that evening. Also bring people with you as witnesses. Did you pay the tab with a credit card? It might show what you were drinking on the bill submitted if it was itemized.

The part about "after we had some drinks" that statement will do you in. Is there any way you can have those friends attend your hearing and tell the judge you were not drinking alcohol? Usually when a person is in a bar it is assumed that alcohol is being imbibed.

Re-read your probation rules and see if being in a bar setting is not allowed. If that is the case, it is irrelevant if you had water or whisky as you were in the wrong place to drink water and this alone could violate your probation.

I'd spend the $ on an attorney instead of trying to defend yourself. I know money is tight now, but which would you like to trade your money on? Attorney means possible freedom or jail time if you try to defend yourself? Your call.

Also, did you report this incident to the PO right after it happened even though you were the victim? If not, that is a violation as you are supposed to report any police contact.

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Originally Posted by twinkiedooter

The part about "after we had some drinks" that statement will do you in. Is there any way you can have those friends attend your hearing and tell the judge you were not drinking alcohol? Usually when a person is in a bar it is assumed that alcohol is being imbibed.

Re-read your probation rules and see if being in a bar setting is not allowed. If that is the case, it is irrelevant if you had water or whisky as you were in the wrong place to drink water and this alone could violate your probation.

I'd spend the $ on an attorney instead of trying to defend yourself. I know money is tight now, but which would you like to trade your money on? Attorney means possible freedom or jail time if you try to defend yourself? Your call.

Also, did you report this incident to the PO right after it happened even though you were the victim? If not, that is a violation as you are supposed to report any police contact.

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==> It happened in a karaoke place where there are more than several private rooms (sized 14'X10' with karaoke machine setting with a table and sofa seating). Two of them have been there for more than 2 hrs with one or two others who left early. I was supposed to be at 10PM but because I was tied up I got there late like 11:20PM. As I entered the room I was told to seat in the middle. I sat down and say hello to them and poured the water bottle into a glass cup and drank water. One of them was drunk and the other guy I know he doesn't drink. There was Johnnie Walker Black Label opened and a few beers on the table. Within less than a few minutes, the guy drunk got up with a knife in his hand approached me yelling and cursing. And I got beaten up pretty bad with two broken ribs. I text messaged to one of officers I have a personal friendship with for help when the guy stepped out for a minute. Three Officers arrived including the one I text little later and the assault stopped and he was arrested under battery charge. I made a personal statement and released from the accident scene. That happened Oct. 30, 2009. And PO officer contacted me on 9th this month asked me to report in and was told that she got contacted by State crime investigation division I guess and told me to appear in front of Judge for this hearing on April 9, 2010 for modification/revocation of probation hearing.

This is exactly what the police report said:... "Victim stated he and two other subject began drink. Victim and then...." But I know for sure that's not exactly what I said or meant. Shortly after I sat down was what I meant by.. It was simply to mean "after a few drinks in time wise" but I did not get to drink at all because custom wise, usually someone else must pour drinks (alcoholic drinks other than beer) for one in our Asian custom. Two guys aren't my side to state anything in favor of me but they do not know of this fact that I am in this trouble here while I am suing both of them criminally and civil for personal injury. There was no tab or any proof of paying any bills. The place got shut down a week after the incident. The one who attacked me was the Chef and the other was a partner of the place. All servers left the country because immigation status. I could bring the person who gave me a ride to the place testifying I am perfectly sober and 1-2 personal statements proving I did not drink but they are afraid to show to court because both are illegal in US. The officer I text messeged might help me stating that I did not drink but so far I could get in touch with him. My PO stated that it wasn't her doing but she had to follow the indtruction and she also stated not to worry too much because it is several months ago and I have been in good standing complying with all requirements promptly.

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