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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Religious Freedom And Probation

    My question involves criminal law for the state of: Utah

    I am on probation for a DUI, which in this state means a complete abstinence of any alcohol or drugs. I am a practising Jew and recently we held the Passover seder. I partook of the wine during the blessing and sacrament and voluntary admitted to it to my counselor and probation officer a few days later when I was scheduled to meet with them. I didn't drink during dinner nor did I get drunk. They charged me with a probation violation and recommended revoke and reinstate probation with an IOP course of 8 weeks, which is 2 hours a session 3 times a week. I am wondering if I can counter this with the judge under the religious freedom and restoration act of 2000 or if I have any other leg to stand on. I am also considering contacting the ACLU. Any help would be appreciated. Thanks.

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

    Default Re: Religious Freedom And Probation

    I am wondering if I can counter this with the judge under the religious freedom and restoration act of 2000 or if I have any other leg to stand on.
    Possibly.

    Did you inform your PO that you're an observant Jew and that some of your faith's sacred rituals involve alcohol? Am I correct in my thinking that grape juice is not an acceptable substitute?

    (Please forgive me if I am misinformed, it has been a long time since I've looked over Jewish custom. In my own faith, grape juice is absolutely not ever an acceptable substitute!)

    I would give the ACLU a ring and see what they have to say. It seems to me that, abstinence or no, the state should not have standing to interfere with your sincere practice of your faith.

  3. #3
    Join Date
    Jan 2008
    Location
    utah
    Posts
    25

    Default Re: Religious Freedom And Probation

    Being a Jew in a state full of Mormons means you're pretty much screwed, doesn't it?

    I think you can and should absolutely fight this. Don't let them get away with doing this to you. It's wrong.

    Sorry I can't give you any advice, all I can do is cheer you on in practicing your beliefs.

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