I have a 165 day house arrest that started on 7/12 as the result of 2 2nd DUIs. Im attempting to have all requirements done by the half way point & petition for early termination. Im planing a move to York Co. to be close to boyfriend & friends who are my support system. I work full time & am going back to school.Im going to transfer to finish my degree there & my job has a branch in the area & can work from home. What else can I present the judge with to help w/ my request for early termination as opposed to transfer of house arrest upon move? Letters from therapist, friends,family etc? I will be facing a hardship as I will be staying w/ an acquaintance between my lease ending 9/30 and when I am able to move down & it will be an awkward situation.Any info on what might help me sway him!
AA logs and other steps towards recovery, judges believe repeat offenders have serious problems with alcohol. Do you have a sponsor, have them appear with you. Any counselors letters or programs you've completed.
Show the judge you won't repeat again for a 3rd time...
Attorney Gregory Spink is licensed in North Carolina, with a focused practice in Mecklenburg and Gaston Counties. Nothing is intended in this post to serve as legal advice. It is my opinion based on studying the law and passing the Bar Exam and should not be construed as legal advice. You should always contact a local attorney, who is familiar with local rules. Each case must be judged on a case by case basis with all evidence being reviewed by a licensed attorney. Nothing in this post should be construed as creating an attorney and client relationship.
2 lawyers agree
Criminal Defense Attorney
The most important thing for someone with multiple DUIs is showing that they are in recovery. The therapists reports are important. But if you have evidence that you are attending AA and possibly that you have gone to rehab.
Michael L. Doyle
DUI / DWI Attorney
It is certainly not a guaruntee that a judge will let you off house arrest early but there are things you can do to make you look better in front of judge. As one of the other attorneys mentioned any outside help you are getting (AA meetings, outpatient treatment, community service etc...) will go a long way to show that you are really trying to get back on the right path. If drugs are an issue for you than I would attend NA and also do urine screenings to show the judge you are clean. I have also had clients send me character references that I can forward to the Judge showing what kind of person you are in the community. These are just some things you can do but even with all this a Judge can still deny your request. I would sit down with an attorney in this County that may have a better feel for how your sentencing Judge would handle a situation such as yours.