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heidim366 · Oct 19, 2010, 12:00 PM

I got my 2nd DUI in Aug of 09-I went to court in January: recv'd 2 years probation with the possbile modification after the first year, 1 year suspended in jail, had to finish 6 month Alcohol program and required to have the interlock installed in my vehicle.
I have finished my classes and have one more month left of the court ordered interlock.
I was married in June. My husband is Active Duty Air Force and is currently stationed in Omaha, NE. I have requested the courts modify my probation and interlock so I can move to Omaha. My current lease is up in a few weeks and I will not be renewing because my husband has a house for us (my daughter and I) on base. I will be homeless if the courts do not grant me some kind of modification, unless they are willing to put my up in an apartment and pay my rent. Which I find unlikely.
I have also had issues with the interlock. My probation officer hasn't violated me as of yet - but the courts will be made aware of this situation.
What are the chances the courts will grant me the modification?? My probation officer said to start a "transfer" now - wouldn't do any good, seeing as though it could take months...
Any thoughts or suggestions you can give me before Thursday would be appreciated.

JudyKayTee · Oct 19, 2010, 12:54 PM

Probation has to be transferred. That can take months. Did you start the process in June, when you married?

What "issues" are there with the interlock?

And, yes, it's unlikely that "they" will pay your rent in order to keep you your apartment.

excon · Oct 19, 2010, 12:58 PM

Originally Posted by heidim366

My probation officer said to start a "transfer" now - wouldnt do any good, seeing as though it could take months.....
Any thoughts or suggestions you can give me before Thursday would be appreciated.

Hello h:

Might take months... But, could take weeks if YOU manage it. Go read this. It's better than a violation which is what they for SURE will do if you just wait around... They AIN'T nice people.

excon

heidim366 · Oct 19, 2010, 01:03 PM

No the process hasn't even started. My husband wasn't sure where he was being transferred too at the time. Issues: the normal complaining, spicy food - medication/inhalers.

excon · Oct 19, 2010, 01:17 PM

Hello again, h:

Look. They're not nice... But even they probably want to help our servicemen... If you get on it, and stay on the phone, I'll bet you can get a dispensation...

excon

heidim366 · Nov 9, 2010, 01:33 PM

So I went to Court today and this is basically what happened...
They are transferring my Probation. (I originally got 2 years probation with the possible modification after the 1st year. January will be my first year complete.) BUT - she said she is starting the Probation over starting today for another 2 years. She also added that I must have the interlock in any vehicle I drive with in the next 2 years and she said I have to attend 3 AA meetings every week for 104 weeks.
She basically re-sentenced me today?! She can't do that, I didn't violate probation?! She is penalizing me because I'm moving to be with my husband and she will no longer have jurisdiction over me.
I didn't have Counsel but I feel what she did today is not Lawful. Any thoughts??

smoothy · Nov 9, 2010, 01:53 PM

Right or wrong they can get away with a lot unless you get a lawyer and a judge to stop them. Are you willing to spend that money? Ticking off the people who supervise your probation is a sure way to make sure they do everything to you they can get away with to make your life harder.

Hate to say this but you get more flies with honey than vinegar. Hire a lawyer or be as nice to them as you can possibly be. In the interest in making that 2 years pass as quickly and uneventfully as you are able.

heidim366 · Nov 9, 2010, 02:00 PM

This was my 3rd appearance for this case. They were slightly stumped on how to handle it. My probation officer wants me to go - but the judge just couldn't let me go w/o burning me. Why would it of been different with Counsel? Money? Of course itsmoney

smoothy · Nov 9, 2010, 02:09 PM

Yes... A lawyer the can schmooze the prosecution and the Judge can often make a difference as you see. Besides they know the law and what can and can't be done. The right words mentioned at the right time, the right way can make all the difference. And yeah... sometimes that costs money.

May not be right... but that's how the system works. And why I'd never try doing anything worse than a minor traffic ticket (and I have fought and won most) without a lawyer representing my interests. The side that has intimate knowledge of the law always holds an advantage over those who don't.

But good news that you did get it done this fast... it wasn't a total loss.

Word of warning... you think its bad now... wait until you deal with a military base. Trust me. They have their own set or rules and regulations they DO aggressively enforce. First hand experience and observation there. Last thing you want to do there is make waves. They like making examples of dependents as well as military personnel.

heidim366 · Nov 9, 2010, 02:20 PM

Haha. As irritated as I am, I am thankful that I'm not in jail. My husband said that we will pursue things further once I get out there. The reason I didn't seek counsel is because I didn't on my first DUI and things went great. Oh well

smoothy · Nov 10, 2010, 06:23 AM

Sometimes you get lucky... sometimes you don't. Around here (Virginia) a DUI actually requires representation by an attorney, because it is a criminal offence and is likely to carry jailtime.

Always best to present yourself in the best light possible when they are anywhere around. By being the most pleasant person you can be. What you say in private when they aren't around is all up to you however. If you don't it only pushes them to exercise their authority, usually at your expense. That why I can win most traffic tickets when I take them to court. Always pleasant and never condecending to the cop at the scene (even though some are begging to get decked) and never admit to anything or accuse the cop of anything.

I vent after they are out of sight... and keep my real feelings about them hidden in court. They can and do use any attitude you have against you.

By all means pursue any avenue that may present itself as being possible. Just be careful what you say and how you say it. This will be doubly true about ANY dealings you will have on the military base... you will have all the local laws AND any base regulations. Many MP's won't be as professional as many Cops are. So you are likely to have more problems if you try to buck the system... and from personal experience some MP's if you give them a reason will taunt you into doing something they can bust you for. And as a spouse of a Service member you still will be held to higher standards on base than you were as a civilian. Just a word of advice as until you have spent enough time on a Base you won't be aware of this... and usually by the time you do you are already on somebodies sh*t list. And that is REALLY hard to get off.

Just wanting to help you not learn that lesson the hard way like I've actually seen too many people I've known well have to learn it.