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  #1  
Old 01-10-2007, 08:24 AM
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Question

Driver's License and Probation


What is the name of your state? Nebraska

My son received a DUI. Other than this offense, he has never had any problems with the law. He took a plea bargain that included; loss of driver's license for 60 days and probation for 6 months. The court never physically took his license. The Probation Office told him at the hearing that a Probation Officer would be getting in touch with him, but they have yet to do so. Therefore he does not know who his PO is.

My son has not been driving since the hearing. This coming Monday will be 60 days. Once he gets past the 60 days can he start driving? If he never hears from a PO, what are his responsibilities once he hits 6 months?

He appears to have fallen through the cracks. His lawyer had him take a psycological exam and attend AA meetings prior to the hearing, where the person from the Probation Office said these activities are normally part of what the PO gets them to do and they were confused why he was forwarded to them.
  #2  
Old 01-10-2007, 08:45 AM
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Location: North Florida
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BigMistakeFl


Hopefully you'll hear from someone in Nebraska. In my state, the PO does not come to you, you go to him or her. I learned this from my lawyer, who gave me the address of the PO office and told me to go directly there. At the desk, they looked me up and found me in the system and so began my probation.

To be safe, I think if I were you, I'd do some research. You want to make sure he is not presently in violation of probation because he's never registered and begun. He could end up with a warrant for his arrest. This is one of the reasons you just can't face an arrest situation without a lawyer.
  #3  
Old 01-10-2007, 09:09 AM
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Another fact that I did not include is at the hearing the Probation Office had my son fill out an envelope to himself. He has never received the envelope. I have no idea what they were going to send him in it, but what ever it is did not come.

Additionally, the sentence included a fine that he paid.

I do not know if these facts are important or not, but have added them for clarity.
  #4  
Old 01-10-2007, 09:41 AM
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Location: North Florida
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BigMistakeFl


I think I'd probably get to the probation office and plea ignorance. The envelope lost in the mail part may not float at all. The longer you wait, the worse it could be.
  #5  
Old 01-11-2007, 08:14 PM
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Join Date: Mar 2006
Posts: 168
I've posted this several times.

You cannot rely on any State agency contacting you regarding proceedings like this. You have to contact them. It doesn't matter who says what.

If terms of the settlement are 60 days license suspension and 6 months probation, then that's what they are...to satisfy the courts. However, if your son got a DUI, then there may be "administrative" sanctions that are imposed by the DMV. You should contact the DMV to see what this entails. With DUI, the DMV and courts are separated. Each has their own sanctions.
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