| If your probation officer finds out about the PI it can definitely get your probation revoked. Generally probation is not going to be revoked on just a Class offense, but PI is one of those little crimes that looks really big when you are on probation for an alcohol related offense. In this case you have also potentially violated your probation three times. Once for the crime of PI, once for not reporting the arrest to your PO, and once again for consuming alcohol while on probation. If revoked you'd most likely be looking at some amount of jailtime.
If this other county runs your criminal history they'd know you were on DWI probation and I seriously doubt they'd grant deferred on the PI. But with class C's, there's not always alot of investigation done into a person's criminal history. I'd say that deferred is at least a possibility, but even if you get deferred that can still get your probation revoked. To get deferred you have to stipulate that you are guilty, so for purposes of a probation revocation, that stipulation is as good as a conviction.
My suggestion is to fight the PI as much as possible. If convicted you can appeal to county court and its trial de novo which means its treated as a whole new case. You get a whole new bite at the apple. In the meantime inform your PO of the arrest and tell them that you believe the charges are unfounded (if that's the truth) and ask for an opportunity to litigate the case before a motion to revoke is filed...if the PO even intends to file one.
Its probably not likely that you can just plea to this PI without your PO finding out. All they've got to do is run your TCIC to see how you've been doing. That takes them about 30 seconds. | 
04-23-2008, 11:21 PM
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