I had a moment of weakness and had a drink, I wasn’t thinking straight and blew into my interlock and failed. I meet with my probation officer this week. I haven’t recalibrated the interlock so she possibly won’t see the violation til after my check in. Although I want to be straight forward with her and tell her before she finds out when she receives the report. I’ve been on probation since Aug 2018 & this is my first violation. I’ve been good on my fees and other requirements. Should I tell her on my next meeting then hire my lawyer or should I wait til she finds out and have my lawyer by then? Thank you
If she asks you (or if a form asks you) if you've consumed any alcohol since your last meeting, you should be honest. She may suggest a sanction or modification in the field that you are willing to agree to rather than filing a Motion to Revoke, which would require you to hire an attorney and post a bond. Some probation officers will want a few days in jail as a sanction. Some will simply recommend more frequent UAs, or they could want relapse counseling or an additional monitoring device. If you are not comfortable with her recommendation, you do not have to agree to it. She will let you know that she is going to send your file in to Court and recommend that a Motion to Revoke be filed, but you can hire an attorney to attempt to negotiate a better outcome with the DA and/or Judge.
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