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Violating my owi probation by being late for my morning PBT

Ann Arbor, MI |

I’ve been place on probation for OWI. This is my third month on probation I have already completed almost all my conditions with an exception of few community service hrs which I am planning on getting done before seeing my P.O this month. I was ordered random PBT testing and in the previous moth after meeting with my P.O I was sick and overslept for my PBT, I have attempted to contact him as soon as I woke and left a voicmail, I was then advised by someone working in the Probation department to come and test anyways. I was 45 minutes late. My P.O never called me back. I live 20 minutes away from the court that is located in a downtown so in the fallowing moth I was late twice due to construction and traffic. One time 5 minutes and the other time 10. I was always clean just a couple of minutes late. What are the worst consequences I can expect for violating my probation? I am meeting with my P.0 in 20 days I was wondering if I should contact him sooner… Thank you.

Attorney Answers 3

Posted

The worst thing that could happen is that your probation gets violated and you are sent to jail. However, being late won't necessarily result in a violation, especially since you blew .000 each time. Now, if you were 8 hours late, I think that would be a different story as it would appear that you were trying to "burn off" some alcohol before your test. I would wait until you see your PO and tell him why you were late, but only if he brings it up. He might not even know, so why bring it to his attention? From here on out, make sure that you are on time, even early if you can. Good luck.

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1 comment

Asker

Posted

Thank you so much for your time. I really appriciate it.

Posted

Could not agree more with the above post. It seems to be right on point.

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Posted

In Michigan, when a probationer violates, the court can revoke probation and sentence to jail, modify the terms of probation, or continue the probation.

If the only thing you did wrong was show up late, that seems to be a minor violation. However, you should contact a local criminal defense attorney who can advise you on your judge's normal practices.

Good luck,
Josh

This is provided as general information. No attorney-client relationship has been established. This information may not be appropriate for the facts of your particular situation. You should consult with an attorney before taking (or failing to take) any action based on this information.

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