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Is there a chance to be able to leave the country for work while on probation for a first offense DUI misdemeanor?

Tallahassee, FL |

I have no prior record and am a straight A student. I have a contract overseas for work starting in January. This job will require no driving.

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Attorney answers 5

Posted

You should get permission from your PO before you leave. If you've completed the special conditions which are locally done (community service, immobilization of car, DUI classes, MADD impact class, etc...) you'll have a much better chance getting the approval. You may also need to get the OK from the judge.

Each jurisdiction and judge have different mind-sets on this, but overall it is very likely that you can accomplish this.

A lawyer should know the policies and often grease the wheel of this machinery and get it done smoothly.

Good Luck.

Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship. I am only licensed to practice in the State of Florida and in federal courts. Florida Bar #337821, admitted 1982.

Posted

As long as you get permission from the probation officer in writing of course you should be ok. In an abundance of caution you can motion the court to modify your disposition to allow you to leave the country to make absolutely sure. First start with your PO. Just make sure that anything they say is done via email or in writing. You do not want to get violated. When we have a client who goes out of state or the country we usually advise the court at the time of the plea so the Court addresses it in the court minutes. It is not always necessary but saves time later for times when these issues arise. Good luck to you!

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. 407-588-6714 bill@thelawman.net

Posted

Mr. Blecher is correct you should contact your PO to get authorization. Also discuss it with your attorney if for some reason the PO isn't on board with it. Good luck.

This is not intended as legal advice. No attorney / client relationship exists because of this response.

Posted

Yes. Either through probation officer or by getting a quick Motion for Modification stipulated to, and signed by the Judge.

Posted

Yes, there is a chance. There are a couple of ways you can go about it. One way, is through your probation officer and ask for permission as some have suggested. The preferable way, I think would be to file a motion with the court to either early terminate your probation (assuming you have all your fines paid and no violations); or, motion to modify probation to allow you to call or write-in. You may want to contact the lawyer that worked on your case.

The response above is intended for informational purposes only. The information provided is not intended to be, nor should it be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with me is not intended to solicit or create, and does not create, an attorney-client relationship between me and any person or entity.

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