My son is an addict. He clipped a car while under the influence. He then drove off at the site of the accident and went home. An hour later the policy and fire department showed up. They said he was being detained and taken to the hospital. They then said he wasn't being detained. He stayed in the hospital most of the day (they ran a blood test). He did not receive a ticket. He is on probation in another county for a felony. Do you think the other county will arrest him? I don't know why he was not cited for his accident. Just trying to understand what could happen next.
Your son is facing misdemeanor punishment for the leaving the scene situation. Your son is obligated to report the incident to his probation officer in the other county. It is a term and condition of his probation. Yes, commission of a new offense while on probation is a violation of probation and subjects the probationer to having probation revoked and a prison sentence imposed. If this, in fact, does happen, and your son is committed to prison, let his lawyer know that you want the lawyer to do what is necessary to have your son brought back within 180 days after commitment to prison for the court to consider "shock probation". For now, get your son into rehab, preferably "in patient". This will be seen as a step in the right direction to fixing what is really wrong with your son, his addiction. If "in patient" rehab cannot be arranged, or afforded, at least have your son enrolled in outpatient rehab and have him going to meetings daily. This is a viable option to have the State, and the Court, consider allowing your son's probation not to be revoked and him sent to prison. Hope this has been helpful, and good luck.
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