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  1. #1
    Join Date
    Jun 2011
    Posts
    2

    Default New Probationer with a Probation Violation Right Off the Bat

    My question involves criminal law for the state of: Florida

    I am a new state misdemeanor probationer, under a one year supervision for less than one month now. During that time, I have paid all of my fees and completed all of the conditions of probation.

    I have a health condition that causes panic attacks that I am under psychiatric care for. While out running errands and driving along a state highway in my county, I started to experience panic attack symptoms but I did not have any medication with me to take for it. My goal was to drive to the county line, doing deep breathing to alleviate the symptoms, and then turn around and drive back. In this state, you cannot leave your county of residence.

    When I approached the county line, a road crew was cleaning underbrush from the roadsides and a deputy car was with them sitting at the county line with his lights on. When I pulled off to turn around, he came up behind me and ran my tag.

    At the point, my panic attack became full blown. I was unable to satisfactorily answer all his questions due to the confusion of the panic attack, and since I didn't have anyone to drive me home, he took me into custody, impounded my car and booked me into the county jail on disorderly intoxification. I told him I had had nothing to drink, and nothing was found in the car nor did they test me.

    I was released 4 hours later with a notice to call the court to find out what my fine would be or to see if they wanted to set a court date.

    I called the state probation office's 24 hour emergency number and reported the incident and they told me to call my probation officer in the morning. This seems to be an automatic violation, but as a primary caregiver, I can't be indisposed for a long period of time without it having serious repurcusions for the person I care for. I don't make any money as a caregiver, but feel I would be best represented by a paid attorney.

    What can I expect tomorrow and the coming week? What am I facing here with my first violation?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: New Probationer with First Potential Violation Right Off the Bat

    Time sensitive questions are usually not great for internet message boards, particularly when the day you post is a holiday where most of our volunteers will be offline.

    What did your PO tell you when you spoke to him/her? Is s/he aware of your panic attacks and your treatment for them?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: New Probationer with First Potential Violation Right Off the Bat

    Why didn't you do the sensible thing and pull over when you started to have a panic attack?

    You apparently are telling us that you did not inform the officer who stopped you that you were having a panic attack. So, what explanation did you provide for your trip and your u-turn?

    You're charged with disorderly intoxication but weren't tested - meaning you refused to cooperate with testing? If you were cooperative, why weren't you tested.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: New Probationer with First Potential Violation Right Off the Bat

    A violaion in itself does not guarantee that you are going to be revoked or sent to jail. It does mean that you have breached you contract with the court. You may have to face the court to answer to the subsequent charge. But, why would you choose to drive to the county line? Was it not possible to drive within the county you were in? If you were on the highway, you should know that turning around anywhere other than posted is an infraction of traffic safety. Why make the probation harder than need be?

  5. #5
    Join Date
    Jun 2011
    Posts
    2

    Default Re: New Probationer with a Probation Violation Right Off the Bat

    All of your responses are spot on, noted and on point. Hindsight is perfect 20/20, and those points were asked by my probation officer when I went in to see him yesterday. He did not take me into custody, but said he would be filing the violation of probation order yesteday and the judge would decide to do with it when they got it. A warrant will be issued, I will probably be allowed to turn myself in, I just want to get out in front of this situation.

    I want to mitigate these circumstances, work this out as quickly as possible, so I can return to being a caretaker. You ask about my explanation - in the confusion of my panic attack, I was not convincing to the officer that I was having a medical situation, he was firing questions at me, some questions I simply couldn't answer, but he did not ask for a field sobriety test, nor did he request blood or urinalysis at the jail. I was not charged with DUI. Under the circumstances, I feel an ambulance should have been called, and they could have evaluated me and taken blood and urine. I do not know why they didn't charge DUI and/or order any testing. I think the officer knew it was a probation violation and he was going to let that take precedence. I don't know for sure.

    You ask why I drove to the county line. It's a rural place, a two-lane state highway, and it was the same road I was on running the errands, I just drove on. I thought my deep breathing would help me get past the situation until I saw the officer on the side of the road, which sent me over the edge. In hindsight, I know, I know, I should went back home, as pulling over would have eventually ended up with the same situation occurring my residence county. My only relative is unable to drive so I couldn't have someone bring my medication.

    My PO is aware of my medication situation, I gave him a copy of my treatment plan and all my current presciptions. He drug tested me again yesterday, just like he did last Wednesday and there was no intoxicants in my system other than my prescriptions.

    I apologize about posting the question on Father's Day, but it happened Saturday afternoon, so I couldn't very well change the timing.

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