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    SandmanSDMF's Avatar
    SandmanSDMF Posts: 2, Reputation: 1
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    #1

    Feb 11, 2009, 04:18 AM
    Charged with 1st offense DUI while on probation - what can I expect?
    Hello, all.

    I received charges for violating my probation of one year with six weeks left to go for a first-offense DUI. My BAC was 0.09% at the time, and I was pulled over for having a headlight out. I wasn't driving recklessly, and the field sobriety test I was administered, I failed. I have poor balance to start with.

    I live in Pennsylvania.

    I'm not on probation any more, as my probationary period ended last January of '09. What can I expect? I was on probation for a Misdemeanor 2.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Feb 11, 2009, 06:34 AM
    Hello S:

    If you were discharged from your probation BEFORE they could violate you, then they waited too long.

    It's like letting a prisoner out of jail and then discovering he broke jail rules. They can't then drag him in off the street to throw him in the hole...

    If they ARE violating your NON existent probation, I'd hire an attorney.

    excon
    SandmanSDMF's Avatar
    SandmanSDMF Posts: 2, Reputation: 1
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    #3

    Feb 11, 2009, 01:16 PM
    Well I haven't gone to any hearings in the remainder of my probation. I had a Gagnon hearing, but it was waived/continued. Basically I haven't gone before any judge yet, and my probation was finished over a month ago.

    I did the right thing and called my PO and told her when all of it happened and sent up the information that was requested, but like I said I haven't gone before a judge yet.
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