I am on probation for driving while impaired by drugs or alcohol and have to complete a Treatment Program as well. In the treatment program I tested positive for alcohol 2 times (They informed me of both positives at the same time). I have not tested positive since then and will not test positive again. (i believe my positive tests were in November). I have been making all my payments and going to every probation and treatment appointment. The reason I drank in the first place was the times offered by the treatment facility were inevitably going to make me drop out of college or quit my job. I ended up having to drop the class which hurt my GPA and also cost me a considerable amount money. My question is what should I do and what are my odds of getting a continuance or something like it?
If it is the first time up. it may be possible to get a postponement to get an attorney but it is not a sure thing. March gives you some time. You need to hire an attorney now so that he can contact your probation agent and attempt a joint recommendation that may help you. If you received a PBJ and not the conviction of record you would most likely lose that benefit. Then you will have a conviction and MVA issues as well. If it was a straight conviction you are exposed to jail time up to the max; 1 year for a DUI, 60 days for a DWI. Contact an attorney right away. I do this kind of work and offer a free consultation. Do not sit on this one. Best. Ed Tydings
If presented properly, and with the support of your PO (not absolutely necessary, but very helpful) you may be able to avoid any punishment other than an extension or continuation of probation -- a second chance -- to prove yourself worthy. Alcohol and other substance abuse is a symptom of an underlying disease or emotional or psychological problem, and relapse is not only common, but expected with individuals who have these issues. What it likely means is that you need closer or more frequent involvement in support groups or programs to help you guard against relapse, or engaging in the activities which lead you to use alcohol. If you show the court that you are actively and sincerely seeking out and taking advantage of these support systems, then most judges will be willing to consider giving you another chance without pulling the rug out from under you for stumbling this once. You're going to have to earn the judge's faith in you this time. How your case is presented is crucial, and that is what an experienced lawyer is adept at doing. If at all possible, hire a lawyer. Good luck to you.
An attorney can assist you in evaluating the prosecution's evidence and any defenses that you might have. If you are found in violation, then an attorney can assist you in presenting mitigation, allocution, and a recommendation for a more lenient sentence. You should seek a confidential consultation with an experienced criminal defense attorney.
You should hire a lawyer to assist you in preparing a defense to the violation of probation. Often in these cases, the probation can be continued if mitigation is properly presented to the court and the agent and the judge is willing to work with you. I would also suggest that you do not make admissions in a public forum such as this and also that your explanation for continued drinking is one that needs to be discussed in private with your attorney
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