I am on probation for a DUI (.09) and got 2 tickets. Am I going to have to go to jail or can I get a deferred sentence & a fine?

Asked almost 4 years ago - Tulsa, OK

I got a speeding ticket and driving with a suspended license. I am not supposed to be driving but do to recent family circumstances, trying to help my mom out, I drove myself to the doctor and got pulled over on the way there. I was going 37 in a 35 but because there was construction it became 37 in a 25. I know most people have to go to jail the day of their court appearance, but I cannot miss work I cannot lose my job/benefits. I already took unscheduled time off when my dad passed away only a month ago.

Additional information

I'm refering to the court apperance on my ticket, it is not till later this month. I'm not going to miss that apperance, I'm saying if i go to jail that day I will miss work for the day. I just cannot do that! I already went to court for my arraignment for my DUI and I have a lawyer. At my DUI arraignment the judge said that if I didn't violate my probation then my DUI would be dropped to reckless driving and off my record. So since I violated my probation I'm assuming that the DUI goes on my record as a DUI. I have the majority of my community service finished (60 out of 80 hours) and I have completed my assessment and I'm enrolled in my DUI classes. Will that help me at all?

Attorney answers (2)

  1. Sonja R Porter

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Is the court appearance you're referring to the appearance for the traffic tickets? the first appearance is the arraingment and usually offers a chance to meet with prosecutor (if City) or Assistant DA (if county) and find out what offer they are making. Missing court appearances is not a smart choice especially since it will result in a warrant being issued (which can result in your being arrested at your work place) and a further suspension of your license. You can hire an attorney to go to court for you to traffic court. It is well worth the money if it keeps you from getting fired.
    Your concern in not so much with the tickets as with any violation of probation, which can also result in a warrant being issued and you facing possible jail. Needless to say, hiring a local attorney is a must.

  2. John P. Yetter

    Contributor Level 15

    1

    Lawyer agrees

    Answered . All violations, however technical in nature, can subject you to facing a restructured sentence under the guidelines of the original charge as all violations equally violate the sentence.

    If the determination is made the defendant violated the sentence, this is where differences in violations come into play. For instance, commission of the same crime again is treated more harshly than say, missing a night of curfew. This is a generalization but it is a good one. Everyone should note that there is no set guideline in the law about the value of any given violation.

    It is the overall exposure which makes me urge people to seek counsel for violations. It should be treated as carefully if not more than the original charges in court. You have the very right to counsel at the violation hearing and sentencing you did prior to trial or plea on the case, and you should take advantage of this right.

    John Yetter
    www.brucarandyetter.com

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