What happens when you've been on probation for a DUI for 6 years and then you get a DWLS. You go to court in that town and pay $350. Then, you have to go to the DUI court for a probation violation of DWLS, and the judge says you have to do 30 hours of community service within 90 days. And you've asked every possible place and you have been on-line looking for volunteer opportunities and all of them want to do a background check and you can't drive anyone anywhere because your driving record is not perfect. And you just keep calling and calling and sending E-mail after E-mail and the 90 days is running out, but over and over, you keep getting turned down for community service. Is the judge going to issue a warrant for your arrest, when the 90 days is over and she hasn't gotten proof that you've done it? Or can you go to court and ask the judge if you can pay a fine instead. Since I went to 2 courts for 2 punishments for the same thing, it's not double jeopardy because_______________________?
It's not double jeopardy because they're are not the same thing. Your fine of $350 was, presumably, your only penalty for driving suspended. However, your new criminal conduct (driving suspended) violates the terms of your probation and suspended sentence on the DUI.
DUI / DWI Attorney
It's not double jeopardy because the DWLS is a seperate charge - but it also happens to violate the terms of your DUI probation. You should consult with an attorney immediately to see if there are OTHER ways around (or out of) the community service requirement entirely.
DUI / DWI Attorney
Keep a record of the efforts you have made to fulfill the conditions of your probation. The law requires that violations of probation be "willful." If you can show that you made reasonable efforts to comply, you should be ok. It certainly isn't double jeopardy, since the violation is just the continuation of the first case. Good luck.