Not to bright.. Probation violation..

[jamintocar]

What is the name of your state (only U.S. law)? Pennsylvania.

Ill try to make this long story short. A friend of mine got a dui about a year and a half ago.. got ard, didnt complete it. got caught driving with a suspended licence. had a failure to appear. caught up with him in september of 07. and orignal charges reinstated. did a few days in jail, and has been on probation in lieu of a suspended sentence. since then. Well he went in today to pay the remainder of his fine. which was $1945.00 so that he could possibly get off probation since he was on it for the alotted time.. (had a violation hearing 2 weeks ago because fines were not all paid, got an extention till he paid it off..) well afterwards he desided to go talk to his PO to see how quickly he could be off probation. His PO smelled alcohol on him.. ( the nght before he was drinking, got drunk and went in the next day wearing the same clothing..) idiot. He took a breathilizer (12 hours after drinking 5 double dirty ******is swished and spit 2 16oz beers 2 shots of jack 2 shots of rumple minz) and it came back .164 ... (didnt appear to be drunk when he was arrested.. ha go figure) He was arrested and shipped to jail. He has a hearing tuesday. But his PO said that it all depends on how he acts and behaves, that they may release him tomorrow.
My question is, can they do that? Since they already have him in jail, do they have the ability to pull him back out without going to a judge or having a hearing first?

Second question, (although I doubt they will) Can they still deside not to violate him?

Third question, the whole time he has been on "Probation" me and him both were under the understanding that was what it was.. till today when his PO was talking to him he mentions that he violated his Parole.. My friend commented to me "why does he keep saying parole?" after I spoke to him later (while in jail) he says to me that I guess it was parole.. But this is the first time Parole was ever mentioned to either he or I. It was always refered as probation. Prehaps just an error on his PO's part. But isnt Parole for individuals who were released from Prison? He was in county jail for only a few days..

Forth Question, since he has all fines paid and time was pretty much up and all classes were finished, will this have a postive effect towards the outcome of his punishment?

other Info: First DUI. Lives accross border in ohio. No other violations.

Thank you

[FlyingRon]

I've never hard of probation in lieu of a suspended sentence. Most likely he has BOTH probation and a suspended sentence.

Your friend is terminally stupid. First off there was probably NO chance he was getting off the restricted sanctions (probation) shorter than what the judge told him when sentenced.
Drinking at all is violation of most PA probation conditions. Your friend went way beyond that. Believe me, people at .164 who smell of alcohol APPEAR PLENTY DRUNK. If he drove to the court, he's in deep trouble.

Yes they can detain him (at least in the drunk tank until he sobers up). The PO can have him further arrested on VOP. When he does go to court, depending on the mood of the judge, the judge may REINSTATE the jail time that was that suspended sentence.

Probation and parole are closely related terms and are administered by the same office. I think they actually appear in the sentencing as "Restricted Sanctions" or somewhat, rather than using either term. They end up being the same thing, a bunch of rules to follow and penalties if you don't follow them.

Most likely it was listed as parole because it was given pending a jail term rather than the judge issuing that as the ONLY penalty.

Your friend is obviously not sober or smart enough to think for himself. Help him find a lawyer.

[jamintocar]

Honestly he didnt appear drunk. I was with him the whole day, trust me I would know..(could have been drunk i suppose , but certainly acted sober) I cant stand drunk people. and I was the one who drove him in..

[RatPackLar]

Gets DUI, get a second chance with the ARD program, screws that up, get driving on suspended, does not show up for that, then get caught. Gets put on probation, and walks into his probation officers meeting, smelling like booze, and gets hit for that.

That PO and that Judge can leave him sitting in jail till the hearing, they are not just gonna yank him out, and let him gol

Your friend could be looking at having to serve is full sentence, depending on the PO recommendation and the mood of the Judge, and that Judge is not going to be happy.

You do not have to apprear drunk at all, all they gotta do is have him blow, he blows hot, with any BAC above ZERO, they can pop him, as he is not supposed to be drinking period.
Just like minors and zero tolerance.

Sounds like your friend was given pleanty of chances to avoid a long term stay in the Gray Bar Hiltion, and he blew them all off. Might wanna pack him soap on a rope, some personal lubricant, and some chapstick.

People who walk into court or to see the PO, and smell like booze have got to be the dumbest people on the planet. I have heard a few of these stories before.

Always like the DUI, who goes into court to plead not guilty, and shows up drunk and gets arrested again, for being drunk in court, and violating the bond condtions, of no drinking.

Or the idiots who drive to probation hearings on suspended DL, and the PO tells the cops, and they pop the idiot driving out of the courthouse parking lot.

You cannot fix stupid.

[irish77]

Originally Posted by FlyingRon

Your friend is terminally stupid.

that's some funny stuff.

[irish77]

I don't even know what to say in this case. I mean, if this was over the course of 10-20 years and not 10-20 months, I might say something, but your friend needs to just learn that when you play with the big boys, you're gonna get smacked around. I did and will and well, showing up drunk to the PO is just about the biggest middle finger you can give the system in my opinion.

Might as well pee on the courthouse floor.

[irish77]

if this guy is back driving legally before me I am moving to Guam.

[RatPackLar]

That guy is gonna get hung high and hung hard. The criminal courts are gonna do one thing, but Penn Dot has probably already extended his suspension/revocation period for getting caught driving on suspended.

I know in MI, if they yank you for two years, then you get it back with condtions, and there are always conditions, they yank it again for another two years, you get caught again, it is another two years.

We got guys, that will die, before they get their DL's back, simply cause they chose to keep driving on suspended / revoked, and kept getting caught. Or they got caught with booze. MI SOS, does say, any alcohol related activity period, can result in addtional sanctons.

And they sanction well.

[irish77]

I mean, to do all of this stuff in a little over a year, well, one must really try and just be in that much trouble. Either friend really likes playing the bad guy role or he just likes to drink more than anyone else I know.

I mean, does he work? Have a girlfriend? Heck, even a dog would help him stay out of trouble.....

[jamintocar]

Well.. lol. he does have a gf and a job and a dog.. He doesnt have much reguard for the law. (obviously) hes an overgrown brat to be honest.
Heres what I found out today when I called his PO. I couldnt get ahold of his PO but rather spoke with the deputy sherif PO. Now Brace yourself..
According to the PO I spoke with, He is being released tomorrow.. and apparently he doesnt have a court date. I asked about that because my friend said they told him yesterday he had one for tuesday.. well I guess thats the hearing to get him off of Probation.
So I guess they are not going to violate him.. and if that is so.. then he will be getting his DL Back this week..

[RatPackLar]

Never assume anything cause you talked to some guy on the phone, and he told you this or that

Unless he talks to HIS PO, directly, do not assume anything.

FYI

[jamintocar]

he was released today.

[RatPackLar]

Keep us posted, I am curious to see how this all plays out.

Double check that court date info, with his PO, just to make sure.

I am suprised that he would not get violated for that, given the nature of his original charges.

[irish77]

just bought my plane ticket to Guam.....

I expect this guy to get something down the road. Sorry, not trying to be negative, but they always come back just after you think they won't.