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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Question Can Vacation Photos Be Used as Evidence of Alcohol Consumption

    My question involves criminal law for the state of: Ohio

    I was charged with my first OVI two weeks ago, just before my vacation. Part of the terms of my probation included absolutely zero consumption of alcohol, which I am more than willing to comply with. However, on my vacation, some of the pictures I took I have a tropical drink glass in my hand that could be taken for alcohol (They were virgin drinks). Can my probation officer look at my facebook and revoke my probation for holding anything that looks like alcohol? Even if I pass an ETG test?

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Can Vacation Photos Be Used as Evidence of Alcohol Consumption

    Is it possible? Absolutely! Probation violation hearings are not like criminal court. The burden of proof is not beyond a reasonable doubt, but a mere preponderance of the evidence...and you have no presumption of innocence. You have already been convicted, so your presumption of innocence is gone. A blood or piss test is not going to prove your innocence since it is almost assured that enough time has passed before your PO can order the test (after your return from vacation) that even if you had gotten puking in the gutter, black-out drunk, the alcohol would have already metabolized from your system.

    You're on PROBATION, dude! Not only do you have to abstain from any misconduct, you have to avoid even the appearance of misconduct.

  3. #3
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Can Vacation Photos Be Used as Evidence of Alcohol Consumption

    Absolute agreement!!! I petition to revoke your probation. That means all I need is an idea that you have violated terms of your probation to get the ball in motion. If I'm really a butt head, I'll look into your condition and find any minor noncompliance issues and I'll add them too. It's up to the judge as to how to address them allegations. You did yourself no favor by having those drinks(virgin or not.) It was a gift by itself to allow you to take your vacation. Then you shot yourself in the foot with the drinks.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can Vacation Photos Be Used as Evidence of Alcohol Consumption

    Quote Quoting Sinfonia88
    View Post
    , which I am more than willing to comply with.
    From a dis-interested party here; I would say you are not willing to comply and have likely violated your probation. Nobody drinks "virgin" drinks.

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