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Drunk Driving Probation Violation

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  • 10-19-2011, 01:07 PM
    Ticalion
    Drunk Driving Probation Violation
    My question involves criminal law for the state of: KANSAS

    My case involves probation for DUIx2 and DUIx3 simultaneously. Both are in seperate counties. The first proabation is Adult probation that I've been on since August 2009. Was suppose to be one year but I haven't been able to pay off my fines thus it was extended. The second one is in the current county I live in and is Community Corrections which is a step up from Adult probation and I report weekly instead of monthly. I had a previous violation on the second probation (DUIx3) and after serving nearly 2 months I was reinstated to community corrections from Adult Probation. I was then violated for the SAME charge on the first probation. I hope that makes sense I'm not sure. Basicly facing 2 violations for the same ticket I received. Now this brings me to my question. Since being released from jail in August I've entered treatment, receive 1 on 1 counseling, report weekly to my PO, starting school on November 1st and have several forms of case management through VA veteran programs. My probation officer from probation #1 is reccomending I serve 30-45 days with the POSSIBILITY of being reinstated afterwards. I don't think this would constitute fair punishment being as I am doing everything the court has asked and jail would put a halt to it all, including court ordered treatment. My attorney is court appointed and seems to not be fighting very hard to convince anyone that jail is not a good choice. Will the judge possibly go against the PO's reccomendation based on all the programs etc I've entered? Should I seek other legal advise perhaps Id have a better chance of avoiding jail?
  • 10-19-2011, 01:21 PM
    Mr. Knowitall
    Re: Drunk Driving Probation Violation
    If you don't think the punishment recommended by your probation officer is fair, you and your lawyer are free to argue to a court that you should receive a different punishment.

    If you want, it is your right to scraep some money together and hire a different lawyer.
  • 10-20-2011, 06:54 AM
    viol8te
    Re: Drunk Driving Probation Violation
    Two probation sentences = two separate orders. Your explanation does not really clearly define the basis of violation. But, yes, probation does have the ability to recommend jail time and then reinstatement back on to probation. If you are in compliance with treatment, a simple call to the providing agencies will allow them an opportunity to suspend your treatment until you resume within the allotted time, without penalty to you.
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