in April 2010 my husband was sentience to 4 months in jail, 3 months rehab, 6 months on the alcohol tether and now due to be off probation may 2013,will he be able to get off probation if he has not paid his fines or completed community services? this was his 5th DUI but was given a Felony 3rd offense...needless to say he also lost his license...will he ever get that back? he wasn't given mandatory AA so he does not go...what does the future look like?
He will most probably not be released from probation without clearing his fines and completing his community service. More likely he will be violated.
He has a very low probability of regaining a license, especially if he does not go to AA or a similar program and is able to prove no drinking for at least two years, and given his record, probably more.
As he is not even complying with the courts present orders, I do not believe the future is at all bright. Indeed it would appear the storm has not yet passed.
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Paying fines and completing community service are Pre-reqs to getting off probation successfully. If he fails to do either or both, as the other attorney said, he will likely be violated.
As far as his ability to drive in the future the answer at this point is not positive. He must stop drinking all together and based on his driving record it would be wise for him to attend multiple AA meetings a week. I say this not as any type of therapist, but from experience with the Drivers License Appeals Division of the Secretary of State.
He will likely need several years of sobriety before the DLAD will even allow an interlock device on a vehicle.
If you would like a more detailed analysis on his driving situation you should seek an attorney who does Drivers License Restoration work and at an initial consult provide the attorney with a copy of your husband's Master Driving Record. In any event though his first step must be prolonged sobriety from alcohol and all illegal drugs, otherwise he has no hope of driving legally again.
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Criminal Defense Attorney
The future looks like a probable violation of his probation if he does not do his mandatory community service hours, pay his fines/costs, and complete all the other conditions of his probation.
It is possible for him to get his license back in the future - and the Michigan Secretary of State will be able to tell him when he can petition the Michigan Driver's License Appeal Division to seek the restoration of his driving privileges. If he does not abstain from drinking, and abstain from driving while his license is revoked, he will never legally get his driving privileges restored.
If your husband is violated on his probation, he should retain a lawyer to help him. He is facing a potential 10 years in prison as a Habitual 3rd offender for a probation violation. When your husband becomes eligible to seek the restoration of his driving privileges, he should hire a lawyer to help him with that to give him the best chance of being successful.
In most cases the Judge will not release him. In fact his probation could be violated and he could be looking at jail for the violation of not doing as required under the terms of probation. He needs to be speaking to an attorney about his case.
Steven A Heisler, Esq
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