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pvnc66 · Feb 16, 2008, 07:33 AM

In 2000, I was convicted of DUI, 1st offense. I completed the ARD program, and was on probation for another year. During my probation, my P.O. attempted to break into my house, and when I went to see what was going on, he burst in, and there was 1/2 of a bottle of beer on my coffee table. Yes, I did violate my probation by having that bottle of beer, and I did 6 months in prison for it.

Seven years later, I am looking at another DUI, and come to find out that my criminal record has not one, but TWO DUI's on it! Does a probation violation count as a 2nd DUI? I wasn't near a car, didn't own a car... I was asleep in my home, thinking that someone was breaking into it.

The Public Defender that was assigned to my case is telling me that I'm looking at a minimum of a year in prison. This doesn't seem right to me. Any insight on this matter?

excon · Feb 16, 2008, 07:50 AM

Hello pv:

You only have ONE DUI. That DUI having occurred seven years ago oughtn't be enough to send you to the joint for even a day.

If your PD won't investigate the record problem, and still thinks you're going to the slam, I'd fire him and hire another one. You can do that by certified mail with a copy to the judge and the prosecutor.

I can't tell if you're charged with a felony or a misdemeanor. It's probably a misdemeanor. Therefore, they MIGHT appoint you a new attorney for free - not one from the PD's office. However, if you are charged with a felony, they'd be REQUIRED to appoint a new one at no charge.

If they don't, pay for one. Think of it this way. How much money could you earn in a year?

excon

Fr_Chuck · Feb 16, 2008, 08:00 AM

Of course I have no problem with a person doing a DUI and esp a second one, doing a year in jail. ( sorry but DUI kills 1000'sof innocent people every year)

With that said, you would have one DUI and a probation violatoin of DUI on record. From when your probation officer was there to do a surprise home inspection and found you in violation of the terms of your probation.

But you can go to the court house and review your records, have a separate criminal record pulled at the police department to verify what it says.

A NCIC report would say the dates of the arrests and the dates of any convictions.

If it is incorrect it should be a easy thing for an attorney to fix.