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My boyfriend violated his probation for his second DUI. What could he face?

Gainesville, GA |

Went on probabyion in may 2012 did his house arrest and had an arrangement with his probation officer when he was gonna do his DUI school. He got a new probation officer last week and she violated him for not doing his DUI school. He is on 2years probation. What could he be facing for this?

Attorney Answers 3

  1. If he is not in jail, he should go and do his DUI school now, and he should be fine. Otherwise, they could revoke up to the balance of his probation, and he could sit in jail for a while just waiting for a hearing. If he had an arrangement with the other probation officer, would they testify as to that? You need to hire an attorney for him who can handle this for him and prevent what could be serious consequences.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

  2. This is better than being violated for another related offense (such as another DUI arrest), but it's still a pretty serious situation. He could be revoked for the balance of his probation, meaning he could spend the rest of that time in custody. If there were other reasons for his failure to sign up for classes, though, he might only get a short revocation. There have been numerous similar violations in Hall County actually, since they converted probation from a private company to government-run, many people changed probation officers and there were many misunderstandings with PO's. You should consider retaining an attorney to represent him at a revocation hearing to give him the best chance of getting reinstated on probation to finish the DUI school. Especially if he's completed the other requirements, the judge may listen to a well-reasoned argument by an attorney. The probation officer may ask for a significant amount of time in custody and you don't want to get stuck with their recommendation. Give me a call any time to discuss in more detail at no charge (404-987-0245). Best wishes to you both.

  3. I agree with what has already been said. You need to hire an attorney because he could potentially be revoked for the balance of his time on probation. In anticipation of the revocation hearing it would be wise to gather information about his job, education, family support, and anything else that can put him in a positive light. As everyone has already said, getting the DUI school completed before his hearing would be huge.

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