Motion to Revoke Probation

[texas88]

I am a minor and I got a DWI on 3/17/08 and after a lengthy trial was put on 2 years probation for obstruction of a highway starting 9/27/08, however in between this time period on 7/14/08 I totaled my car when I fell asleep at the wheel driving at 3 am. I cleared the car to the side of the road and decided to wait until morning to have it towed, and got a ride home from a neighbor who saw the wreck. When I came back to the street where I had parked my car the following morning my car was gone and I called the local police station to find out that the car had been reported by an officer and impounded. Four months later, on 10/24/08, I was woken up at 7 am by an officer knocking on my door with a warrant for my arrest for fleeing the scene of an accident. When I was brought to county jail I explained to the officers that I didn’t hit another car so I was charged with “duty on striking a highway fixture” with a $2,000 bond. Because I was now almost a month into my probation this violated the terms of my probation and a motion to revoke probation (MTR) was filed. I am now facing 100 days jail time for this violation.
My question is regarding the dates of the offenses. If the crime I committed when I had my car accident occurred 2 months before I was put on probation how can I be charged for revoking that probation? The arrest warrant was issued after I had been put on probation, but the actual event occurred before. At the arraignment for the MTR on 5/11/09 I asked for a public defendant who got me a hearing on 6/15/09 to argue my case in front of the judge/DA in order to try to avoid the 100 day jail sentence. I am wondering if the law is on my side, any help would be appreciated.

 

[CavemanLawyer]

Yes the law is on your side. Nothing can be used to revoke your probation that occurred prior to the judgment placing you on probation. However, you are required to report any ARREST to your probation officer regardless of when the date of offense for that arrest occurred. Did you report the arrest to your PO?

You should make sure you have a witness or some documentation saying when this wreck occurred so you can show that it happened before you were placed on probation.

If its duty on striking a fixture then you must have damaged some property, probably the city's. Did you damage a curb or tear up the road?

 

[texas88]

Yes, I did report the arrest to my PO, and paid the city for the broken gaurdrail. Thanks for the advice I will defanitely be calling up my witness.