Please help - Need real advice -not lecture

[Kansas DUI]

What is the name of your state? Kansas

I posted earlier and got some advice and I beleive a lecture. Thank you!

I am looking for true legal guidance. I know I made a mistake and now I am looking for the best way to resolve with out too much trouble. If you can help I would appericiate it.

I am currently on probation for a DUI. I have been clean and stayed out of trouble up until a week ago. I was in Tulsa Ok and I was driving on the highway. I had a tire blow out and I went off the road. I ended up going down a hill and stopped on a rail road track. I was stuck. I was there for 3-4 hours before a train came. THe train stopped but they had to call police.
Police arrived and asked if I had anything to drink, I had a few beers earlier in the night. They did not arrest me for Drunk driving but did arrest me for Public Intoxication. I was taken to jail and released the next day on a $100 bond which I had in my wallet. I went to court the next day and plead no contest. I was then free to go. I recieved an $29 refund on the bond and the judge said I was free to go. There was never any question if I had any DUI's or that I was on probathion. I am assuming they did not check my records. If they would have checked I would have thought I would have been in more trouble at the time.

According to my probation agreement I am supposed to contact my PO officer with in 72 hours if I have nay contact with Police.
I have not contacted him. Will this public intoxication in Tulsa make its way back to my PO officer in Kansas City? Should I contact my PO officer and tell the truth now or wait and see if he finds out.
Do PO officers check national records to see if you have been in any trouble? Or do they just run Kansas checks, or do they run checks at all?

Not sure what to do??? Keep quite and hope this never comes up, or be proactive and tell on myself and take the consequenses.
If they don't check national records monthly will they check at the end of my probation to see if I have been in any trouble? BY not saying anything now am I just putting off the pain for a limited time?

Any advice would be helpfull.

[xylene]

Originally Posted by Kansas DUI

According to my probation agreement I am supposed to contact my PO officer with in 72 hours if I have nay contact with Police.

That is what you need to do to avoid trouble later on, including the risk of perjury.

I have not contacted him.

Sooner the better. BE honest: you feared the repurcussions and you have realized only by coming clean can you work this out and that bullet dodging doesn't work.

Will this public intoxication in Tulsa make its way back to my PO officer in Kansas City?

Iss it certain: no. Is it HIGHLY PROBABLE: Yes.

Should I contact my PO officer and tell the truth now or wait and see if he finds out.

Honest Q. What do you think? I think if you have to ask, you know the answer is to tell.

Do PO officers check national records to see if you have been in any trouble?

They certainly CAN. Do they do it every day. No. Could you sneak thru. MAYBE. Unless you PO is an idiot he will suspect something by your behavior and your sunk.

Or do they just run Kansas checks, or do they run checks at all?

Of course they run checks. Don't be foolish.

Not sure what to do??? Keep quite and hope this never comes up, or be proactive and tell on myself and take the consequenses.

Getting well will be harder if you don't tell.

If they don't check national records monthly will they check at the end of my probation to see if I have been in any trouble?

Its likely and do you want to need to purjure yourself at the end of probation?

BY not saying anything now am I just putting off the pain for a limited time?

That (putting the pain off & greatly magnifying it as well) is an incredibly likely scenario.

[SillyPuddy]

"Will this public intoxication in Tulsa make its way back to my PO officer in Kansas City?"

** Maybe, maybe not. Interstate record keeping and communication is choppy. But, what level of risk are you wiling to take? You may slide by. But, if your State and PO finds out about it without you telling them, you will be in bigger trouble.


" Should I contact my PO officer and tell the truth now or wait and see if he finds out."

** Again, depends on what level of risk you're willing to take. I would guess that if you come clean, your chances of negotiating lower consequences are much better than if they find out themselves.

"Do PO officers check national records to see if you have been in any trouble? Or do they just run Kansas checks, or do they run checks at all?"

** Well, that depends. Many PO's are so crammed and overworked with "clients" that they don't have the time to do a lot of detailed analysis of their cases. That would be an obvious reason why one condition of your probation is for you to do the reporting. Other PO's may keep tabs on records.

"Not sure what to do??? Keep quite and hope this never comes up, or be proactive and tell on myself and take the consequenses."

** What level of risk are you willing to take?

"If they don't check national records monthly will they check at the end of my probation to see if I have been in any trouble?

** The end of your probation would be a logical time for them to do a lot of record-checking. Maybe they will, Maybe they won't. The national databases aren't quite there yet. The information can be incomplete, choppy, and prone to mistakes. Your offense may show up or it may not.

"BY not saying anything now am I just putting off the pain for a limited time?"

** Depends on if they find out about it or not.

Quite a quandry, isn't it?

[xylene]

thank you for adding Silly.

I disagree with you on your wording however, "Maybe, maybe not" makes it sound like an even chance.

The odds that he is caught are much better than 50 50

[CdwJava]

Originally Posted by xylene

thank you for adding Silly.

I disagree with you on your wording however, "Maybe, maybe not" makes it sound like an even chance.

The odds that he is caught are much better than 50 50

Actually, I would think a little less than 50/50.

In all honesty, public intoxication in another state is hard to discover without specifically querying the arresting agency or the booking county, or, making a query to that state's criminal offender records some time AFTER the booking is entered into a state system in OK (that is IF it is so entered for intoxication). However, there are many jurisdictions that will - as a courtesy - notify the agency holding the probation of an individual of the contact. But, this notification is hardly universal.

However, since this is not the crime of the century and occurred in another state, I'd say that odds are better to come clean then to risk a violation if he should find out. nothing ticks a P.O. off more than having a liar for a charge, or thinking that the charge is trying to pull a fast one.

- Carl

[xylene]

Originally Posted by CdwJava

Actually, I would think a little less than 50/50.

If you are just talking about the database, I believe you.

Better than 50/50 this guy (alcohol problems and on medication) is going to be able to lie to his PO for the rest of his term...

I'd say that odds are better to come clean then to risk a violation if he should find out. nothing ticks a P.O. off more than having a liar for a charge, or thinking that the charge is trying to pull a fast one.l

The guy did block a train with his car in an alcohol related accident...

[joe134]

In my case, my lawyer tells me my probation is only for the state of California so I can get in as much trouble as I want outside the state of California. See if you can find out from someone (not your PO) if you are required to report out of state infractions.

[fairisfair]

Originally Posted by joe134

In my case, my lawyer tells me my probation is only for the state of California so I can get in as much trouble as I want outside the state of California. See if you can find out from someone (not your PO) if you are required to report out of state infractions.

yeah, I can just hear your lawyer telling you that!!

[SillyPuddy]

Typically, a condition of DUI probation is that the offender is prohibited from posessing or consuming ANY alchohol. I'd be little leerie of accepting the idea that possession or consumption of alchohol during probation would be negated because it was in another state. I would think if CA has evidence that alchohol was possessed or consumed anywhere, they could have a case.

[joe134]

Originally Posted by SillyPuddy

Typically, a condition of DUI probation is that the offender is prohibited from posessing or consuming ANY alchohol.

That is patently absurd. The misinformation on this board is astounding.

[BigMistakeFl]

That is patently absurd. The misinformation on this board is astounding.

Here in Florida, consumption or possession of alcohol was absolutely forbidden during my probation. Please reconsider your note.

[joe134]

Originally Posted by BigMistakeFl

Here in Florida, consumption or possession of alcohol was absolutely forbidden during my probation. Please reconsider your note.

Florida must be very strict. I have a probation form right here and there is a checkbox for the issue of whether you can possess or consume alcohol and it is not checked and I assume it is not checked for any first time DUI offenders save the egregious cases.

[CdwJava]

Originally Posted by joe134

Florida must be very strict. I have a probation form right here and there is a checkbox for the issue of whether you can possess or consume alcohol and it is not checked and I assume it is not checked for any first time DUI offenders save the egregious cases.

It is not uncommon in CA for this to be a condition of probation. It generally depends on priors and history.

- Carl

[Kansas DUI]

I have contacted my lawyer who handled my DUI case. He has advised me that I should stay quite. If the PO finds out it would be better to deal with it later than now. If I confess I would loose probation. If i take my chances I may not get caught, but if I do, i can show them that I have went to AA classes and attended counseling which I am doing both. I am not doing it to make things look good for me down the road I am doing it because I am trying to get help.
I made a mistake, I admit it, I am just trying to move on with my life and stay clean from alcohol. I can not erase the past but I can try and make the futre better by staying sober and keeping out of trouble.
Thanks for all of the advice. Evedryone is free to say what they like. I was hoping to get some concret advice on what Ok and Ks do in these cases, but it looks like I will have to wait and see and keep fingers crossed.