In Oct2010, and then again two months later in Dec10, I was arrested for dui's. From that point I checked myself into an intensive outpatient rehab and started attending roughly 4-5 AA/week, which was why my lawyer was able to get an offer of two first offense dui's with both of their sentences running concurrently. I was placed on 18 months of supervised probation (in which I have served 12), I have paid off all fines owed to the courts, performed 100 hours of community service, attended my MADD impact panel, still attend the mandated 3 AA meetings/ week, and am current on all my monthly monitoring fees. However, I never installed the interlock b/c I missed the time to get a restricted license, a requirement for it. The other day tho I was spotted driving by my probation officer. Help!?
You should contact the lawyer who got you the great deal you described. That was good work. I suppose the good news is that you were not stopped by police and cited for driving while suspended or revoked. That would have been a major violation and a potential new jail sentence on top of the VOP (and jail on the original sentence!). So, now the PO can violate you for driving while revoked/suspended, assuming the PO knows you are revoked/suspended and can prove it at a VOP hearing. That violation would be based on the standard condition of "obey all laws." Was having an interlock on your vehicle a special condition of probation? If not, that is not an issue. If so, then if the PO can prove you did not have an interlock installed in your vehicle at the time you were seen driving, then that would be another basis to violate you. Unless the PO went up to you and your car and peered into it and saw there was no interlock installed, I do not see how the PO proves this. You could have had it and then had it removed after-the-fact. Unless you open your mouth and admit it, it may not be something the PO can prove at a VOP hearing. However, you should not admit anything regarding these facts or discuss them further on this public forum. Get a lawyer, the original one ideally since he/she knows your case.
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