NYS Violation of Probation DWI
My daughter was 21 when she got her first DWI (last year); she received a suspended sentence of one year in jail, 3 yrs probation, and treatment. She completed treatment (drinking the whole time) and got another DWI, same town, same judge. She took a plea with the felony in the city since our town cannot hear felony cases (no jail), but she must go to court in our town for violating probation in less than a month. She has no job due to felony/inability to drive. By the way, the judge in our town did order drug court and they threw her out for some phony email someone sent to the facility she was going to for outpatient. She never had a bad urine test and I have no idea how they could throw her out of drug court. I did upset the judge because I put her on a plane (and got her off before it took off) for rehab in Florida. He ordered a bench warrant and I managed to get her off before take-off. We have one inpatient rehab in this area and there's a 3 month waiting list and she has no insurance. This facility in Florida offered her a scholarship. So I got her off and requested permission. No way. She never left the airplane. I told the judge that I figured treatment should come first since I just went to rehab myself in Florida. He was very angry. My daughter cannot stop drinking. What's she looking at as far as jail is concerned? Court is May 8. Her atty has no answers. Initially, she was sentenced to one year suspended sentence and three years probation. She violated with second DWI 14 months later. Thank you.
