Ask Me Help Desk - Tennessee DUI 8 Years Ago

I was convicted of DUI (1st offence) on 04/08. The judge suspended the 11-29, placed me on 1 year probation, 10 days community works (of which I did not serve; although I did report and pay the fee), defensive driving school, fines and restitution. I reported a couple of times but did not have the money to pay. The last time I reported my PO was not there and the PO that went to handle me said "you should have already been revoked" and told me to come back when my PO was in. I never went back. There is an open warrant issued 07/08. I have not been in any trouble since then. If I pay all of my fines and turn myself in what should I expect? Is there any type of limitations? Does the probation time "keep running" or "run out"? Also, the police report (I did cause traffic accident; no one was injured luckily) is completely wrong. Is there any way for me to appeal the first judgement?

You never completed your terms of probation, and have a warrant that can be served anytime. So its up to a judge what happens if, and when they catch up to you, and forget appealing the original charges. You plead out of that a long time ago.

The judge suspended the 11/29, but you didn't fulfill the terms of your probation. Therefore, it's quite possible you will have to serve that 11/29 when you get caught.

This is going to be a judgment call by the court. On the one hand, you skipped out on probation and failed to complete it. On the other hand you have kept your nose clean (I'm assuming) since then so that will work in your favor. Also working in your favor is the fact that jails are overcrowded.

My guess (and it just a guess) is that you will be required to pay whatever fines and costs are due. And once you do that, you will be put on extended probation, probably 2 or more years. Any subsequent violation of probation will probably result in incarceration.

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Originally Posted by ScottGem

This is going to be a judgment call by the court. On the one hand, you skipped out on probation and failed to complete it. On the other hand you have kept your nose clean (I'm assuming) since then so that will work in your favor. Also working in your favor is the fact that jails are overcrowded. My guess (and it just a guess) is that you will be required to pay whatever fines and costs are due. And once you do that, you will be put on extended probation, probably 2 or more years. Any subsequent violation of probation will probably result in incarceration.

I do not want to be on probation. When I go to take care of this (willingly or not) I am thinking of asking for the jail time. I have thought of this everyday for eight years and from my "experience", as small as it is, they give a lot more probation time than jail time. If I have to wake up and call a number everyday, drop everything I'm doing, and go where ever they need me... I might as well be in jail. To me if they need to control my every day, in order to extract just punishment, then they need to put me in a controlled environment. I do plan on doing time because it was a horrible mistake I made. If I'm out here and I want to drink a beer I'm going to and I'm not really being punished (now that I think about it its been quite a while since I've had a beer). So now my question is... what is the maximum time I'm looking at here? Maybe I'll wimp out. Try to take probation (if even possible in the first place), just to stay out of the "everyday control in jail" option; then mess it up and it all go back to 11-29? Because if I mess it up it will go back to the very beginning, right? Its been 8 years and I am having to go back to the beginning... when it goes down I'm ready to sit and get it behind me. I stay at home, I do not leave my house, I can not drive (no license) , if I do leave it is to go to the store or the schools. I'm always scared and I just try to stay out of TN... until I get all the fines paid and few other things taken care of. Then, I'm turning myself in...

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Originally Posted by J_9

The judge suspended the 11/29, but you didn't fulfill the terms of your probation. Therefore, it's quite possible you will have to serve that 11/29 when you get caught.

Thanks so much! Hopefully I will get everything lined up and not get caught, but turn myself in.

Quote:

Originally Posted by talaniman

You never completed your terms of probation, and have a warrant that can be served anytime. So its up to a judge what happens if, and when they catch up to you, and forget appealing the original charges. You plead out of that a long time ago.

Right, right, thanks so much!!

Quote:

Its been 8 years and I am having to go back to the beginning... when it goes down I'm ready to sit and get it behind me. I stay at home, I do not leave my house, I can not drive (no license) , if I do leave it is to go to the store or the schools. I'm always scared and I just try to stay out of TN... until I get all the fines paid and few other things taken care of. Then, I'm turning myself in...

You have already been paying a terrible price for not handling your business in Tn when you had the chance, and it won't stop until you do. You can always go online and do a warrant search on yourself to see what you can expect, and then make a plan armed with facts.

You may need a lawyer to untangle your mess, as I cannot find any warrant forgiveness or amnesty programs in Tn.

I would strongly suggest that you retain an attorney to act as intermediary for you. He can probably work out a better deal.

No, probation is "frozen" the minute you are revoked. So it does not run out or expire. What can normally happen is what ever the 11/29 sentence is, that is in effect, since it was only suspended, so the judge can very likely just put it into effect. ** I will assume it was jail time.

I would say at best, you will get a few weeks in jail and be put back on probation, if you do not follow probation you will see jail. No you can not just pay fines and get out of it. The probation was a big part of the sentence to keep you out of jail.