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-   -   NYS Violation of Probation DWI (https://www.askmehelpdesk.com/showthread.php?t=82368)

  • Apr 13, 2007, 04:21 PM
    sobuffaloirish
    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.
  • Apr 13, 2007, 05:03 PM
    Fr_Chuck
    If you want someone to feel sorry for you and agree, don't bother reading my post.

    She could do up to the three years. And just read what you are writing, making excuses and excuses for this perosn,

    And let me see you helped her leave the area on a plane ( if the judge is that mad, you may want to consider charges against you for helping her leave) I can't understand why you feel she can disregard the judges instructions and not get into trouble. And your daughter does not want to stop drinking, and jail will perhaps help her understand that.

    Drunk drivers need to go to jail those that do it twice should be there
  • Apr 13, 2007, 05:04 PM
    Clough
    Here is a site that has some sentencing guidelings for the state of New York.

    Sentences in Criminal Cases in New York State including Queens Brooklyn Bronx and New York Criminal Court
  • Apr 13, 2007, 06:22 PM
    excon
    Quote:

    Originally Posted by sobuffaloirish
    My daughter cannot stop drinking.

    Hello sob:

    Correction; your daughter WON'T stop drinking. Until she/you get's that, she'll continue. That's not good. She'll hurt somebody - maybe one of my relatives. Maybe if she cooled her heels in the slam for year or so, she might get that she should stop. I don't know. What do you think?

    excon
  • Apr 13, 2007, 07:14 PM
    sobuffaloirish
    Quote:

    Originally Posted by excon
    Hello sob:

    Correction; your daughter WON'T stop drinking. Until she/you get's that, she'll continue. That's not good. She'll hurt somebody - maybe one of my relatives. Maybe if she cooled her heels in the slam for year or so, she might get that she should stop. I dunno. What do you think?

    excon

    Do you REALLY believe it might help? I have checked out the prison she'd go to... there is no rehab. I really did put her on a plane because I thought treatment should come first. I don't know... I went to rehab in West Palm recently and half the people there had violated probation and knew they were facing jail, but wanted to begin recovery first. This was my first (and hopefully last) time in rehab. By the grace of God, I have never been to jail. The judge seems to think jail will make her want to stop... and if it would, I think I wouldn't worry so much. Personally, I think it will make her worse. I have been to al anon, yada yada and AA... know about God's will and God's time. I have asked her to go to AA and she told me to go for her and have the papers signed... and you're right... she WON'T stop drinking. I am just terrified. Thanks.
  • May 7, 2007, 02:52 PM
    advice
    I think your daughter is just lost and needs some help from NA and she needs to be serious about her recovery and needs to get a sponsor and lots of clean people I think she is just around the wrong crowd. She isn't a bad person she just needs to understand alcohol is a problem and no she shouldn't be in jail but mayby some shock time or like I said a big support system to help her with what she is going through . Hang in there and just be there for her
  • Jul 23, 2012, 04:24 PM
    ambroski1990
    I received a DWI a couple months ago I am 21 yrs old and a monther of a 9 month old daughter. I have quest a few questions to ask if anyone can answer them.. I've read a lot of post that dwi first offencse can serve up to 15 days but what about if there was an accident involved no damage to either car or person(s) I have trial tomorrow can anyone help me out before I go thanks
  • Jul 23, 2012, 05:09 PM
    excon
    Hello a:

    Sure. Lay it on us.

    excon

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