On January 21, 2017, my fiancé & I got pulled over, due to the fact the officer said I was going to slow. We was in Clay County, TN, Celina. We had just left our pharmacy picking up our prescriptions and I was ask when I had taken my medication last so I answered him. Then he ask me to step out of the car, so I done at least 3 sobriety test & had passed them all. When he told me that he was going to have me to stand on one foot and count I had explained to him that I had been in an accident in 2001, that totally crushed me from the waste down, he said that didn't matter to him so when he made me do the 10 steps pivot & turn go back the other way (he had me on gravels trying to do this) of course I kinda stumbled cause my hip popped & I was taken to jail for DUI. They took my fiancé to jail also for simple possession of her own prescriptions. I am on an 8 year sentence for sale of schedule 2, and I'm being held without bond in Jackson County, TN, if my DUI gets dismissed will my violation or will I still have to face the consequences? My fiancé said she would testify on my behalf. She has had a mental breakdown in November, 2016, and this entire thing is making it harder on her.
The dismissal of your new case will not necessarily result in the PV being dropped. Your probation can be violated for behavior that is not criminal if it violates the terms and conditions of your probation.
So your violation will not be dismissed automatically. If the DUI is dismissed, you will still need an attorney to help you with the violation because they can violate you simply for being arrested. It really is absurd, but it is another way the system keeps people trapped. Get an attorney, and good luck!
No, just because the trigger case was dismissed, it's not a guarantee that the Violation of Probation will be dismissed. A condition of your Probation, is not to be arrested, so the arrest on the trigger can still result in a violation. However, most Judges will take the disposition of the trigger case and use it as the primary basis in determining the outcome of your Violation of Probation. Good Luck!
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