I am currently on the tail end of finishing the Back on Track program due to a DUI that occurred this January. I currently have the Smart Start device installed on my car, 6 month period. I had an instance a few weeks back where my vehicle locked out due to not Blowing a retest after the car was parked and I forgot to blow, thus creating a lockout. Smart Start was vague on how to report this - they said to call FL DHSMV, but I am on a pre trial diversion agreement program (BOT) ?? I would like to know who to report to, or how to explain it to Court Options. Also, was wondering if I am able to pay for the 60 community service hours required to complete the program. It's hard to balance work and school and find the time to get the hours in. Thank you for your time and assistance.
Tell your Court Options counselor what happened and don;t sweat it.
Be honest and sincere and DO NOT PANIC (they can smell that like a hungry lion detects a wounded wildebeast on the Serengeti) and you should be fine.
You will not be permitted to convert. BOT is not a court program so you cannot ask your Judge, Instead it (BOT) is exclusively owned and operated by the State Attorney's Office which has absolute and unequivocal discretion as to whether to admit you, keep you or "graduate" you from their program.
They do not re-negotiate terms. You either do what precisely you signed up for or they bounce you and cram your "Acceptance of Responsibility" (your written confession - which you executed as a condition precedent to entry into the program) down your throat.
Wishing you good luck and hoping that I have been helpful in answering your question.
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These are questions that should be able to be answer by your probation officer (diversion supervisor). They should be familiar with the Smart Start IID and any issues people are having with it. They can also tell you if the court sill allow a buyout of community service hours under your program. Your attorney should also be able to answer these questions.
Please let me know if this post was helpful by hitting the helpful button. Good luck.
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