Skip to main content

Is there mandatory jail time for a first offense probation violation?

Perrysburg, OH |

My drivers license is currently suspended for 2nd OVI conviction. On that conviction, I was sentenced to 100 days, 90 of which on suspension. While suspended, I was charged and convicted of first offense SOL. I served 30 days for that offense, and have another 150 on suspension. I realized that I now face a probation violation for the SOL, because I was on probation for OVI. My lawyer for the SOL, who I will not retain again, said the original 90 days suspended for the OVI conviction, will not kick in because it would have to a similar charge to the original charge, such as another OVI. If this is true, what am I looking at in terms of punishment for violating probation. Do you think I will have to do more jail time? Maybe just a fine and warning since I have already done 30 days? Scared

+ Read More

Attorney answers 2


It isn't mandatory, but your probation officer may violate you. If you are violated you could face up to the entire suspended part of the sentence. That's what they mean by "suspended" - you still got that sentence, but you didn't have to serve it yet. It's left on the table so the court can impose it later if you violate.

Whether you're violated is up to your P.O. The time you get or don't get is ultimately up to the judge, who will listen to input from your P.O. and from you or your attorney.



Jail time is discretionary--but your facts alone insinuate a lot of violations in a short time. You have reason to be concerned. I would expect some jail time from the bench--they do not tend to be sympathetic, particularly with an SOL violation of occupational driving privileges. Good Luck--but remember, your former attorney didn't get behind the wheel--you did. Don't blame him--this violation falls upon you!!! Good Luck.

The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction your legal action is governed by. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. This Office does not provide free legal advice by telephone. A 15 Minute Consultation can be obtained at no cost for certain types of legal cases, but to obtain same, an Office appointment is required. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein. Also, the bast method to discuss a case with an attorney is to do so directly, by scheduling a formal consultation in their office, bringing with you at the time of the meeting all of your relevant paperwork, including any contratcs, any Orders from Court, decrees, complaints, pleadings, etc., and any other relevant information for the attorney to review. General information via the internet is no substitute for an actual meeting with an attorney. The advice provided on line in response to the limited information is provided without charge. It is also provided without the benefit of face to face discussions, so before you act--consult an attorney in person.

Curt Perri Bogen

Curt Perri Bogen


Comment--if I were you--I'd not go to Court without local counsel--goes a lot further with the Judge--and this is a discretionary call for the Bench.

Get Avvo’s 3-part DUI email series

A roundup of the best tips and legal advice.

DUI topics

Recommended articles about DUI

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer