Yes, my probation is going to be as the result of a DWI, though the official charge is going to get reduced to obstruction of a highway (sort of a standard thing they do in this county for first-time offenders whose cases just aren't ridiculously stupid).
To those who might know: How do they go about randomly testing you? Do they show up at your house? Or do they do it at the various meetings you are required to attend?
As you can tell, I know nothing about any of this. I am a complete amateur when it comes to breaking the law.
Once a month, it is when you go see your probation officer and you pay for the test
obstruction of a highway :?
sounds very lenient not so in the South
I actually am in the South. And I thought it sounded lenient, too ... until I looked into it.
My county has a big hard-on now about drunk driving, and for good reason I suppose. In the past several months several police officers have been killed or injured by drunk drivers ... it's become a big political issue, and of course, the district attorney is an elected position.
They established this "obstruction of a highway" business in order to reduce the backlog of cases to prosecute. But they still want to be seen as "tough on DWIs". So ... this obstruction deal, which you have 60 days from the date of arrest to accept, is the only deal you are going to get.
If you refuse, your only other alternative is to hire a lawyer for $10K, take it to trial, and try to beat the charge. During the trial, the DA won't offer any other deal -- be it OAH, or reckless driving, or public intoxication or anything else. You will either be found not guilty, or you will be convicted of a DWI.
If you take the OAH deal, they still hammer you pretty hard. You get a year probation, supervised, with all that entails. Plus, you have to install and pay for a breath machine on your car for six months. I'm sure there will be alcohol awareness classes and what not as well.
Plus, the conviction can never be expunged. It is on your record for life.
The only upside is, you don't have the letters DWI on your record, and you don't lose your license.
ah ha not so lenient...
I don't think we have that here in GA .. you lose your license unless you can beat the charge.
A breath machine.... thats pretty expensive I think and we have that here
but perhaps only for the habitual offender...
I'm out of the loop since surviving the teen years
many of my kids friends ran into trouble and I was the step in Mom in a few cases
I've found teenage boys can be cop magnets a warning to the young folk here
My sister works for the prison system in PA with work release people. If they are caught doing anything, their ass is sent right to jail. And you wouldn't believe how many people are stupid enough to have that happen.
To be honest, I wouldn't risk it. I bet you'd be surprised how much you can have at PJ20 without a drop of alcohol and/or drugs.
My sister works for the prison system in PA with work release people. If they are caught doing anything, their ass is sent right to jail. And you wouldn't believe how many people are stupid enough to have that happen.
To be honest, I wouldn't risk it. I bet you'd be surprised how much you can have at PJ20 without a drop of alcohol and/or drugs.
That's probably what I'll end up doing.
Funny thing about me, considering the situation I find myself in, is that I'm one of those dorky rule-following goody-two shoes you probably hated in high school.
Always sat at the front of the class, always turned my homework in on time. In college, I'd go to classes even when the professor never took roll. As an adult, I'm the type who pays his bills as soon as they arrive in the mail.
I had this one screw-up, and what I want most is to put it behind me as painlessly as possible.
Mostly, I'm just curious how the process works, having never been anywhere near this predicament before in my life.
If I'm really going to be sent to jail for, say, drinking a Bud Light on my couch at home during a football game or something, then I won't do it. I guess I'm just curious how strict these things are.
everybody wants the most they can possibly get
for the least they could possibly do
Dont stress it. Take it as it comes. Wait til you've been sentenced and have met with your P.O. before you freak yourself out. You could very well be fortunate to get a really laidback P.O. Your record being as clean as you say it is , works in your favor.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
I know you might not like to hear this but what if you just don't drink for that weekend. after all you are there to see pearl Jam.
on a more serious note, and i hope you don't take offense to this. if you can't go the weekend without having that drink then i think you should really think about what that means. sorry that was my little social worker coming out.
I know you might not like to hear this but what if you just don't drink for that weekend. after all you are there to see pearl Jam.
on a more serious note, and i hope you don't take offense to this. if you can't go the weekend without having that drink then i think you should really think about what that means. sorry that was my little social worker coming out.
prob better coming from you than the sober alcoholic!!!!
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Dont stress it. Take it as it comes. Wait til you've been sentenced and have met with your P.O. before you freak yourself out. You could very well be fortunate to get a really laidback P.O. Your record being as clean as you say it is , works in your favor.
I agree with the sober alcoholic here, wait and see what happens before you stress yourself out.
I know you might not like to hear this but what if you just don't drink for that weekend. after all you are there to see pearl Jam.
on a more serious note, and i hope you don't take offense to this. if you can't go the weekend without having that drink then i think you should really think about what that means. sorry that was my little social worker coming out.
Isn't it possible that somebody just enjoys drinking beer? I, for example, don't drink soda. It's a kids drink that rots your teeth and gives you diabetes, and it's too sweet for me anyway. What's left then, besides water, which has no taste? Not much, other than beer. Just saying.
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Tres Mtns - TLA 3/23/11; EV - Tower Theatre 6/25/11; Temple of the Dog - Tower Theatre 11/5/16
I know you might not like to hear this but what if you just don't drink for that weekend. after all you are there to see pearl Jam.
on a more serious note, and i hope you don't take offense to this. if you can't go the weekend without having that drink then i think you should really think about what that means. sorry that was my little social worker coming out.
Isn't it possible that somebody just enjoys drinking beer? I, for example, don't drink soda. It's a kids drink that rots your teeth and gives you diabetes, and it's too sweet for me anyway. What's left then, besides water, which has no taste? Not much, other than beer. Just saying.
Nobody's saying that, I personally love beer, it's just a matter of whether you may face some time in jail as to whether or not that beer is worth it.
on a more serious note, and i hope you don't take offense to this. if you can't go the weekend without having that drink then i think you should really think about what that means. sorry that was my little social worker coming out.
I don't take offense at all. I agree with you. And really, you have to believe me, I don't have a problem with alcohol. My last beer came about 45 minutes before I was popped for DWI. That was nearly two weeks ago now. Haven't had a drink since. Just haven't felt like it.
And it's not like two weeks is my personal record.
As part of the standard procedure at work, the HR department asked me to meet with a substance abuse counselor for an evaluation after my arrest. She talked to me for half an hour, called me (very nicely) a "waste of her time" and asked me never to come back. I don't have a problem.
I would just like to have a beer or two over the course of this one weekend. It's music. It's outdoors. I'll be going with a friend who likes to drink. It seems to be one of those events that, normally, would lend itself to kicking back a few beers.
I was curious how feasible this may or may not be. If the answer is, "No. You cannot have a single beer that weekend and if you do you will be caught and if you are caught you are fucked" ... then I'm fine with that answer.
I don't have to drink. But, dammit, I'd sure like to.
everybody wants the most they can possibly get
for the least they could possibly do
Here's my latest issue. Hoping one of you more experienced derelicts will have some advice for me.
When I was sentenced to probation in June, my attorney and I mentioned to the judge that I often have to travel outside the state for work. I mean, a lot. Like 80-100 nights a year. We petitioned the judge to allow this, and he granted permission. All is cool. Or so I thought.
Flash forward nearly six weeks later, to my first appointment with my p.o. She's going through my paperwork and asks about the traveling for work. I tell her what I do, what I need, and that the judge said it was OK. My first trip is scheduled for three weeks down the road. She goes through my court documents and says, "It says here you are only granted permission to leave the county. It doesn't say anything about leaving the state." My argument, of course, is that everywhere in the world is outside the county, the judge obviously OK'ed me, and I should be allowed to do my work.
No dice. She gives be a travel permit good for travel within the state, but says she has to double-check with the judge (again!) about leaving the state. In the meantime, she says she needs to have my boss write her a letter (how embarrassing!) detailing what I do and why I need to travel. My boss faxes her said letter that day.
She'll send that letter the judge, she says, and it should be no problem. Just a formality. All is cool again. Or so I thought.
That was three weeks ago. I haven't heard from her since, despite multiple attempts to reach her. I'm going to try again Monday. In the meantime, I've got a work trip to DC scheduled for Friday. It's just for the weekend. Two nights, and I'll be back Sunday. Coincidentally, my next appointment with the p.o. is the Monday after I return.
I am worried sick I'm going to have to tell my boss at the last minute that I can't go. My office has been real supportive of me throughout this ordeal, but if I start having the bail on assignments, I'm eventually going to end up out of a job.
Which would violate another condition of my probation. I feel like I'm being set up to fail.
Anybody have any advice/suggestions/similar stories? Should I just say screw it and go, figuring there's little chance the p.o will find out, and that the judge told me it was OK in the first place? What happens if I am found out? Should I just bite the bullet and tell my boss I can't go, in which case my company would have to eat the cost of airfare? I wouldn't be in violation of my probation that way, but I would be up shit creek at work.
I've literally been unable to sleep because of this. I don't know what to do.
everybody wants the most they can possibly get
for the least they could possibly do
why would you not be allowed to travel over a dui. :?:
not sure what i would do, but best of luck.
I think it's just a general requirement of probation in Texas, and probably other states as well. They generally grant exceptions -- which is why the judge granted permission without blinking, and my p.o. seemed to think it would be mere formality --but for some reason they're dragging their feet with me right now. It sucks.
everybody wants the most they can possibly get
for the least they could possibly do
why would you not be allowed to travel over a dui. :?:
not sure what i would do, but best of luck.
I think it's just a general requirement of probation in Texas, and probably other states as well. They generally grant exceptions -- which is why the judge granted permission without blinking, and my p.o. seemed to think it would be mere formality --but for some reason they're dragging their feet with me right now. It sucks.
Call your lawyer, Maybe he can get in front of the judge informally to ask him to give the new order? Worth a try. But it may piss the PO off.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
I think I've decided to play this one by the book. I'm going to call her on Monday and stress the importance of getting this taken care of, post-haste. Hopefully, it will work out and I've been fretting for nothing. If she says, "Tough luck" -- I'll just skip this trip and give them more time to get their shit together.
I'll be damned if I mention PJ20 to her, though.
everybody wants the most they can possibly get
for the least they could possibly do
I had a 2nd dwi in August of 2008... I was able to negotiate, through a plea deal, to do 5 years of probation... I also must have an ignition interlock device in my vehicle for at least 6 months before I can be released from probation. I have not driven since 8/08 and get my license back in 1/12 and then, hopefully, will be released for not violating early. Standard early release for a 5 year sentence is 2.5 to 3 years.
Now... in terms of the conditions of probation... you may NOT leave the state without permission. It is highly unlikely that they would allow a new probationer to leave the state. IF you are busted going out of state you will clearly be in violation of your probation terms AND go back in front of the judge. In your case, you'll be back in front of him a very short time after being convicted and sentenced.
I asked my probation officer if I could leave to state for a vacation and she said yes because:
1. I haven;t violated
2. I have not had any positive urine screens
3. I have done everything I am supposed to and not done anything I am not supposed to.
You need to make your probation officer your best friend... when you're in his/her presence. Do not question them. Do what they say and follow the rules or you will be fucked.
Keep in mind that if you have any police contact where they run your name... they will know you're a probationer and then ask you for your travel permit. If you do not have one to be in Wisconsin on that weekend they can detain you for extradition. Yes, it's true. Believe it. Bullshit? Yep. But true.
**NOW THE MOST IMPORTANT PIECE - ALCOHOL/DRUG SCREENING**
The most widely used test to determine alcohol use is the ETG test. ETG is not actually testing for alcohol but it is testing for the metabolite that is only produced by your liver when it processes alcohol (ethylgluconeride... misspelled). If you are totally clean and have one beer you may or may not pass. This test can go back 80 hours, give or take a few, and it works. It is so sensitive people have even tested positive for over using hand sanitizer. I use alcohol free EVERYTHING (mouthwash, no cooking with booze, etc). So here's the deal...
You can either abstain and not worry about it and start off on the right foot or you can risk it. One beer, you may be fine. I know that I've gotten away with 2 beers and was tested 70 hours later and was fine. But the stress you endure is fucking horrible. It's easier to not drink if you know you'll be tested. In the event that you are called in randomly and have not been clean 72 hours at least I would not answer my phone or respond to the request until the next day. DO NOT SMOKE POT. You will be fucked for sure if you do. A skinny guy with a very low BMI can get away with a hit and register a couple days later but, beyond that, you're in for it.
Hope all this helps, if you have any other questions let me know. Also... I have been on for a little over a year and a half and I go next monday... I guarantee she will give me my papers to travel with and then tell me "don't do anything stupid in case i call you in when you return" OR "I wnt you to stop in on your way home from the airport". Probation is a life ruiner. It just is... it's fucked my life up terribly but I fucked it up myself in order for them to fuck it up more.
Comments
I don't think we have that here in GA .. you lose your license unless you can beat the charge.
A breath machine.... thats pretty expensive I think and we have that here
but perhaps only for the habitual offender...
I'm out of the loop since surviving the teen years
many of my kids friends ran into trouble and I was the step in Mom in a few cases
I've found teenage boys can be cop magnets
+1
To be honest, I wouldn't risk it. I bet you'd be surprised how much you can have at PJ20 without a drop of alcohol and/or drugs.
That's probably what I'll end up doing.
Funny thing about me, considering the situation I find myself in, is that I'm one of those dorky rule-following goody-two shoes you probably hated in high school.
Always sat at the front of the class, always turned my homework in on time. In college, I'd go to classes even when the professor never took roll. As an adult, I'm the type who pays his bills as soon as they arrive in the mail.
I had this one screw-up, and what I want most is to put it behind me as painlessly as possible.
Mostly, I'm just curious how the process works, having never been anywhere near this predicament before in my life.
If I'm really going to be sent to jail for, say, drinking a Bud Light on my couch at home during a football game or something, then I won't do it. I guess I'm just curious how strict these things are.
for the least they could possibly do
Dont stress it. Take it as it comes. Wait til you've been sentenced and have met with your P.O. before you freak yourself out. You could very well be fortunate to get a really laidback P.O. Your record being as clean as you say it is , works in your favor.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
on a more serious note, and i hope you don't take offense to this. if you can't go the weekend without having that drink then i think you should really think about what that means. sorry that was my little social worker coming out.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
I agree with the sober alcoholic here, wait and see what happens before you stress yourself out.
Isn't it possible that somebody just enjoys drinking beer? I, for example, don't drink soda. It's a kids drink that rots your teeth and gives you diabetes, and it's too sweet for me anyway. What's left then, besides water, which has no taste? Not much, other than beer. Just saying.
WF Center 4/28/16; WF Center 4/29/16; Fenway Park 8/7/16; Fenway Park 9/2/18; Asbury Park 9/18/21; Camden 9/14/22;
Las Vegas 5/16/24; Las Vegas 5/18/24; WF Center 9/7/24; WF Center 9/9/24; Baltimore Arena 9/12/24
Tres Mtns - TLA 3/23/11; EV - Tower Theatre 6/25/11; Temple of the Dog - Tower Theatre 11/5/16
Nobody's saying that, I personally love beer, it's just a matter of whether you may face some time in jail as to whether or not that beer is worth it.
I don't take offense at all. I agree with you. And really, you have to believe me, I don't have a problem with alcohol. My last beer came about 45 minutes before I was popped for DWI. That was nearly two weeks ago now. Haven't had a drink since. Just haven't felt like it.
And it's not like two weeks is my personal record.
As part of the standard procedure at work, the HR department asked me to meet with a substance abuse counselor for an evaluation after my arrest. She talked to me for half an hour, called me (very nicely) a "waste of her time" and asked me never to come back. I don't have a problem.
I would just like to have a beer or two over the course of this one weekend. It's music. It's outdoors. I'll be going with a friend who likes to drink. It seems to be one of those events that, normally, would lend itself to kicking back a few beers.
I was curious how feasible this may or may not be. If the answer is, "No. You cannot have a single beer that weekend and if you do you will be caught and if you are caught you are fucked" ... then I'm fine with that answer.
I don't have to drink. But, dammit, I'd sure like to.
for the least they could possibly do
When I was sentenced to probation in June, my attorney and I mentioned to the judge that I often have to travel outside the state for work. I mean, a lot. Like 80-100 nights a year. We petitioned the judge to allow this, and he granted permission. All is cool. Or so I thought.
Flash forward nearly six weeks later, to my first appointment with my p.o. She's going through my paperwork and asks about the traveling for work. I tell her what I do, what I need, and that the judge said it was OK. My first trip is scheduled for three weeks down the road. She goes through my court documents and says, "It says here you are only granted permission to leave the county. It doesn't say anything about leaving the state." My argument, of course, is that everywhere in the world is outside the county, the judge obviously OK'ed me, and I should be allowed to do my work.
No dice. She gives be a travel permit good for travel within the state, but says she has to double-check with the judge (again!) about leaving the state. In the meantime, she says she needs to have my boss write her a letter (how embarrassing!) detailing what I do and why I need to travel. My boss faxes her said letter that day.
She'll send that letter the judge, she says, and it should be no problem. Just a formality. All is cool again. Or so I thought.
That was three weeks ago. I haven't heard from her since, despite multiple attempts to reach her. I'm going to try again Monday. In the meantime, I've got a work trip to DC scheduled for Friday. It's just for the weekend. Two nights, and I'll be back Sunday. Coincidentally, my next appointment with the p.o. is the Monday after I return.
I am worried sick I'm going to have to tell my boss at the last minute that I can't go. My office has been real supportive of me throughout this ordeal, but if I start having the bail on assignments, I'm eventually going to end up out of a job.
Which would violate another condition of my probation. I feel like I'm being set up to fail.
Anybody have any advice/suggestions/similar stories? Should I just say screw it and go, figuring there's little chance the p.o will find out, and that the judge told me it was OK in the first place? What happens if I am found out? Should I just bite the bullet and tell my boss I can't go, in which case my company would have to eat the cost of airfare? I wouldn't be in violation of my probation that way, but I would be up shit creek at work.
I've literally been unable to sleep because of this. I don't know what to do.
for the least they could possibly do
sums up our court system.
why would you not be allowed to travel over a dui. :?:
not sure what i would do, but best of luck.
I think it's just a general requirement of probation in Texas, and probably other states as well. They generally grant exceptions -- which is why the judge granted permission without blinking, and my p.o. seemed to think it would be mere formality --but for some reason they're dragging their feet with me right now. It sucks.
for the least they could possibly do
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
texas, home of some of the dumbest laws in all the land.
I'll be damned if I mention PJ20 to her, though.
for the least they could possibly do
I had a 2nd dwi in August of 2008... I was able to negotiate, through a plea deal, to do 5 years of probation... I also must have an ignition interlock device in my vehicle for at least 6 months before I can be released from probation. I have not driven since 8/08 and get my license back in 1/12 and then, hopefully, will be released for not violating early. Standard early release for a 5 year sentence is 2.5 to 3 years.
Now... in terms of the conditions of probation... you may NOT leave the state without permission. It is highly unlikely that they would allow a new probationer to leave the state. IF you are busted going out of state you will clearly be in violation of your probation terms AND go back in front of the judge. In your case, you'll be back in front of him a very short time after being convicted and sentenced.
I asked my probation officer if I could leave to state for a vacation and she said yes because:
1. I haven;t violated
2. I have not had any positive urine screens
3. I have done everything I am supposed to and not done anything I am not supposed to.
You need to make your probation officer your best friend... when you're in his/her presence. Do not question them. Do what they say and follow the rules or you will be fucked.
Keep in mind that if you have any police contact where they run your name... they will know you're a probationer and then ask you for your travel permit. If you do not have one to be in Wisconsin on that weekend they can detain you for extradition. Yes, it's true. Believe it. Bullshit? Yep. But true.
**NOW THE MOST IMPORTANT PIECE - ALCOHOL/DRUG SCREENING**
The most widely used test to determine alcohol use is the ETG test. ETG is not actually testing for alcohol but it is testing for the metabolite that is only produced by your liver when it processes alcohol (ethylgluconeride... misspelled). If you are totally clean and have one beer you may or may not pass. This test can go back 80 hours, give or take a few, and it works. It is so sensitive people have even tested positive for over using hand sanitizer. I use alcohol free EVERYTHING (mouthwash, no cooking with booze, etc). So here's the deal...
You can either abstain and not worry about it and start off on the right foot or you can risk it. One beer, you may be fine. I know that I've gotten away with 2 beers and was tested 70 hours later and was fine. But the stress you endure is fucking horrible. It's easier to not drink if you know you'll be tested. In the event that you are called in randomly and have not been clean 72 hours at least I would not answer my phone or respond to the request until the next day. DO NOT SMOKE POT. You will be fucked for sure if you do. A skinny guy with a very low BMI can get away with a hit and register a couple days later but, beyond that, you're in for it.
Hope all this helps, if you have any other questions let me know. Also... I have been on for a little over a year and a half and I go next monday... I guarantee she will give me my papers to travel with and then tell me "don't do anything stupid in case i call you in when you return" OR "I wnt you to stop in on your way home from the airport". Probation is a life ruiner. It just is... it's fucked my life up terribly but I fucked it up myself in order for them to fuck it up more.
good luck!!!