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Ankle monitor GPS as condition of probation

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LifeguardKevin

Junior Member
What is the name of your state (only U.S. law)? Kansas

I had a DUI and open-container. Got a fine, license restriction, one-year ignition interlock and 30 days in jail. Only had to serve 3 (actually 4 with credit for the night I was arrested) with the other 26 suspended on condition of one year's probation, which started when I got out of jail a couple weeks ago. Problem is that part of probation is I wear a ankle GPS 24/7 because I can't leave the county without the P.O.'s permission. (That sucks too because gf is in college in Calif.) They also charged me $462 for the GPS!

I tried to get the P.O. to excuse it because I am a guard at the local indoor pool. But he said no dice the thing is waterproof, won't shock, and the only thing I have to worry about is when I am in the water more than five minutes on a rescue or swimming required training laps I have to call the monitoring company because it could stop transmitting and they could issue a probation violation and warrant.

I hate this! Plus, being up on the lifeguard tower in trunks on duty -- I try to keep a towel draped over my lap but still people see it when I walk around the pool and know I screwed up. Even saw a couple little kids pointing at it yesterday. (Amazing now that I am conscious of this I have seen like four guys with these things on their ankles in the showers/lockers in just two weeks!)

Anyway does anybody have any experience with ankle-monitors on probation? Anybody ever convince a judge to cancel them? How? I asked my boss at the pool to write a letter to the judge but she said no. Also called my lawyer who said I'm lucky they also didn't order a device to track alcohol in the blood stream and that I'm stuck with the GPS for a year unless I want to cancel probation and do another 26 days in the craphole. Anybody have a better idea?
 


FlyingRon

Senior Member
Don't do the crime if you can't do the time.

If neither the PO nor the court find your argument compelling, it's unlikely that anything is going to happen. Travel restrictions are quite common probation conditions, though permission to travel is routinely granted if you are otherwise in good standing.

If you want to know the answer for sure, find an attorney that specializes in post-conviciton relief. The phone book and even google is full of listings.
 

LifeguardKevin

Junior Member
Travel restrictions are quite common probation conditions, though permission to travel is routinely granted if you are otherwise in good standing.
Yeah my P.O. actually said he'd let me do "a little" travel after I get the last installment of the fine paid, have been on probation a couple months and staying out of trouble, but I'd always have to ask him first. Even said he thought he'd approve a trip in May for me to go to her graduation in California but that I'd have to declare the ankle thing to the airport security people. Jeeze.

So I might get a little slack on the travel stuff, but he says no way on the ankle bracelet. It's just such a bummer having it being so obvious on my job.
 

TheGeekess

Keeper of the Kraken
Yeah my P.O. actually said he'd let me do "a little" travel after I get the last installment of the fine paid, have been on probation a couple months and staying out of trouble, but I'd always have to ask him first. Even said he thought he'd approve a trip in May for me to go to her graduation in California but that I'd have to declare the ankle thing to the airport security people. Jeeze.

So I might get a little slack on the travel stuff, but he says no way on the ankle bracelet. It's just such a bummer having it being so obvious on my job.
Oh well. :cool:
 

dave33

Senior Member
Yeah my P.O. actually said he'd let me do "a little" travel after I get the last installment of the fine paid, have been on probation a couple months and staying out of trouble, but I'd always have to ask him first. Even said he thought he'd approve a trip in May for me to go to her graduation in California but that I'd have to declare the ankle thing to the airport security people. Jeeze.

So I might get a little slack on the travel stuff, but he says no way on the ankle bracelet. It's just such a bummer having it being so obvious on my job.

Do not bother with a letter to the judge. At this point a letter will do you no good. People often regret making deals when they have to actually comply with the plea deal.

My suggestion would be to just serve the 26 days and put this behind you. goodluck.
 

MAmGuy

Junior Member
I am in Kansas too and he's right I'm seeing more of these devices, and also more people blowing into interlocks to start their cars. If the PO is gonna let you go to Calif to see your lady I'd just put up with the probation and the monitor, get through the probation. and not fight it. Your boss already knows about your DUI so who cares if they see your decoration? Unlike what Dave says I wouldnt do another 26 days in jail, just to get the monitor off. That would suck.
 

commentator

Senior Member
Having worked with corrections systems, I suggest strongly that you quit bitching about the humiliation and unhappiness of your situation and start establishing a trust relationship with your probation officer.

Do everything they ask of you, pay your fines, and stop whining and asking for relief. As you've noticed from all the people around you who are wearing these tracking devices, you're certainly not unusual, not special, not worthy of an exception just cause you're you, and the more you make a big deal and complain and let yourself be perceived as a "difficult one" the less slack you're going to get from your officer and the system as a whole.

If you'd really wanted to be free from restrictions and humiliations, you'd have followed the law. Not having done so, having been caught, and been given these restrictions, the more philosophically you man up and accept them, meet your obligations and hit all the marks, the more the probation officer is going to let you have slack and additional leeway to do things. If you irritate them enough, they could say forget about going out of state for the whole year, even if I said maybe before.
 

swalsh411

Senior Member
The OP doesn't have any actual legal issue he needs help with. He's just whining about how he doesn't like his punishment.

P.S. Part of the punishment of a ankle bracelet is being embarrassed because others can see it. It's meant to deter others who might consider drinking and driving.
 

Rwedunyet

Member
You could explain your issue to your PO. I'm sure that he/she is a reasonable person and would gladly allow you to remove it and finish your sentence in jail because criminals are never humiliated in jail.

You sound like a whiny 3 year old that has been sent to time out. For heaven's sake, man up. Your a lifeguard, so it's safe to assume that you are around children alot. Why not take this OPPORTUNITY to teach them a little, tell them how you screwed up and are being punished. Tell them how humiliated you are. Maybe, if you can stop making it all about poor little you, then you can actually bring some good to the whole thing.

And KUDOS to Kansas for DOING something to drunks that drive!
 

justalayman

Senior Member
What is the name of your state (only U.S. law)? Kansas

I had a DUI and open-container. Got a fine, license restriction, one-year ignition interlock and 30 days in jail. Only had to serve 3 (actually 4 with credit for the night I was arrested) with the other 26 suspended on condition of one year's probation, which started when I got out of jail a couple weeks ago. Problem is that part of probation is I wear a ankle GPS 24/7 because I can't leave the county without the P.O.'s permission. (That sucks too because gf is in college in Calif.) They also charged me $462 for the GPS!
Gee, I almost started to cry when I heard such a story. You committed a crime, were given the opportunity to not set your ass in jail but damn them demons, they want to be able to know where you are in exchange for not sitting in jail. How dare they impose such a restriction.

Then, limiting your right to free travel on top of that? Making you seek (with no guarantee) permission to see your girlfriend? How dare they. Don't they realize you have "needs"?


Kid, you committed a crime. You were given a very light sentence. You were then offered an opportunity to not have to actually serve that sentence. You agreed to the terms. It was your choice to drink. It was your choice to drive drunk. It was your choice to accept the probation, along with the terms imposed.

Just when are you going to accept responsibility for your actions in life? You are proving they were wrong in offering you an alternate punishment. You are proving their efforts were wasted on you. You still refuse to accept responsibility for your foolish actions and as such, their efforts have been wasted.

I suspect you will get another chance to face such options again. You will end up in court, in front of a judge, for another DUI or some other crime. Why do I say that? Because you have not learned a damn thing from what happened. All you do is whine about how restrictive your punishment is rather than accepting it as punishment for your foolish and illegal acts.

Next time opt for the jail time, if given a choice. My friend and my cousin didn't get a second chance when the drunk driver hit them and killed them (two different incidents). Feel blessed because you were given an option. Quit bitching about it.
 

Rwedunyet

Member
justalayman,

I am so sorry to hear about your cousin and friend. Going through that once is bad enough, but twice is (Cant find the right word).

OP LISTEN TO WHAT HE SAID**************...two people that he personally knew are DEAD because someone else did what YOU did.

Their families will spend the rest of their lives hurting because someone else did what YOU did.

YOU, sir, got lucky. You didnt kill anyone. You didnt rip some family's world to shred. You didnt take some child's father away or leave a young wife widowed or cause some young family to bury their only childYOU GOT LUCKY.

Quit whining, and be grateful that no one died. You seem to want sympathy, you'll find none here. You may have a chance to gain some respect back, however.

Man up and HOLD YOURSELF accountable for what you did AND for what you almost did.

As if your crime wasnt bad enough, your whiny self privileged attitude is disgusting.

I wanna do the <spit> thing here, but I cant remember who to quote.
 

LifeguardKevin

Junior Member
My suggestion would be to just serve the 26 days and put this behind you. goodluck.
Jeeesus, sitting up there on the guard tower with my ankle bracelet isn't near as humliating as posting here! You people are pretty direct!! I just thought I'd ask if there was any reasonable way around one part of my sentence. I definitely DID accept the rest of my punishment, including the jail I did, without "whining." Good grief!

Dave33, there's no way in hell (a good description, BTW) I am going back in that jail for another 26 days. So since no one else had any ideas what I could leglly do, I guess I'll just head off for the afternoon shift at the pool with my fancy jewelry around my lower leg. For anotehr 11 1/2 months. Another guy in the locker room with one on his ankle yesterday said you get use to it. Thanks anyway, peeps. Kinda. Seeya. . .
 

Silverplum

Senior Member
Jeeesus, sitting up there on the guard tower with my ankle bracelet isn't near as humliating as posting here! You people are pretty direct!! I just thought I'd ask if there was any reasonable way around one part of my sentence. I definitely DID accept the rest of my punishment, including the jail I did, without "whining." Good grief!

Dave33, there's no way in hell (a good description, BTW) I am going back in that jail for another 26 days. So since no one else had any ideas what I could leglly do, I guess I'll just head off for the afternoon shift at the pool with my fancy jewelry around my lower leg. For anotehr 11 1/2 months. Another guy in the locker room with one on his ankle yesterday said you get use to it. Thanks anyway, peeps. Kinda. Seeya. . .
You could get a job that requires clothing. :cool:

Definitely not sorry for you. :rolleyes:
 

cbg

I'm a Northern Girl
No sympathy here, pal. No, there is nothing you can legally do. As your friend said, you're just going to have to get used to it. It's SUPPOSED to be inconvenient - that's why they call it a punishment. And if it embarrasses you, well, too damned bad. Don't break the law next time and you won't have to be embarrassed.
 
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