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  #1  
Old 12-12-2005, 11:59 AM
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Probation violation for DUI

What is the name of your state?Ohio
My friend got two DUIs in a row a couple of years ago. He has fully complied with all probation requirements and was due to be released from probation in February of 2006. Probation requirements include random urine screens. He found out his last urine sample showed a BAC of .019. This has to be from drinking a champagne punch at a breakfast party the morning of his screen. He did not know the punch had the alcohol in it. Otherwise, he has not been drinking any alcohol at all for a very long time. Now he has to appear in court for a probation violation. What do you think the consequences of this action will be? His attorney never returns phone calls and my friend is going crazy with anxiety and stress. Thank you for any advice or input.
  #2  
Old 12-12-2005, 12:46 PM
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Quote:
Originally Posted by kaddie
What is the name of your state?Ohio
My friend got two DUIs in a row a couple of years ago. He has fully complied with all probation requirements and was due to be released from probation in February of 2006. Probation requirements include random urine screens. He found out his last urine sample showed a BAC of .019. This has to be from drinking a champagne punch at a breakfast party the morning of his screen. He did not know the punch had the alcohol in it. Otherwise, he has not been drinking any alcohol at all for a very long time. Now he has to appear in court for a probation violation. What do you think the consequences of this action will be? His attorney never returns phone calls and my friend is going crazy with anxiety and stress. Thank you for any advice or input.
Well your Friend should bring the host of the Party to Court with him/her .

Has the Attorney contacted /subpoenaed the host to court ?

What kind of references can the Friend get in support of their sobriety .

In the end it all depends on what the Judge believes ..

Consequences ?

If he has been drinking , I'd strongly recommend for the Friend to enroll ( or at least have an appointment ) for alcohol evaluation at an outpatient clinic .

He may be given that opportunity or Jail time .

We can't tell you .

One day , one hr. before expiration makes no difference .
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  #3  
Old 12-12-2005, 01:05 PM
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Quote:
Originally Posted by kaddie
What is the name of your state?Ohio
My friend got two DUIs in a row a couple of years ago. He has fully complied with all probation requirements and was due to be released from probation in February of 2006. Probation requirements include random urine screens. He found out his last urine sample showed a BAC of .019. This has to be from drinking a champagne punch at a breakfast party the morning of his screen. He did not know the punch had the alcohol in it. Otherwise, he has not been drinking any alcohol at all for a very long time. Now he has to appear in court for a probation violation. What do you think the consequences of this action will be? His attorney never returns phone calls and my friend is going crazy with anxiety and stress. Thank you for any advice or input.
Tell your friend to quit lying to you.
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  #4  
Old 12-12-2005, 01:15 PM
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Quote:
Originally Posted by BelizeBreeze
Tell your friend to quit lying to you.
Yep, really, he must have liked the punch a lot
Should have been quite a "breakfast" party to drink so much punch to have a BAC of .019
  #5  
Old 12-12-2005, 01:15 PM
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BigMistakeFl

"A champagne punch" cannot result in a BAC of .019, unless "a" refers to the entire punchbowl full. It is unfortunate that your friend did not live up to his probation obligations. He got caught having consumed, and now will face violation of probation.
  #6  
Old 12-12-2005, 01:22 PM
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most drinks correllate to a BAC of .02 per drink- as in 1 beer, glass of wine, mixed drink, champagne might be a little lower, so it is concievable that he did have one maybe 2 drinks.

I don't buy the "he didn't know" thing though, when people have champagne punch they call it "champagne punch"
  #7  
Old 12-12-2005, 01:33 PM
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BigMistakeFl

You're absolutely correct. My mistake, was thinking 0.19. 0.019 is far lower and could be from consuming low dose of alcohol. I'd edit out my previous post, but that would blow the whole thread out of whack. Mea culpa.

Still, friend had a drink and got caught. Unfortunate, but now will face VOP.
  #8  
Old 12-12-2005, 02:14 PM
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You also better hope its not Judge Hoover in Cuyahoga Falls.
Cause i can tell you if it is. He's not going to by it for one second.

Actually no Judge is...
In Ohio you may as well forget it. He would have had to have consumed a whole lot.
Tell your freind he's going to jail.
Last edited by shawnintennesse; 12-12-2005 at 02:21 PM.
  #9  
Old 12-12-2005, 02:30 PM
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Quote:
Originally Posted by shawnintennesse
You also better hope its not Judge Hoover in Cuyahoga Falls.
Cause i can tell you if it is. He's not going to by it for one second.

Actually no Judge is...
In Ohio you may as well forget it. He would have had to have consumed a whole lot.
Tell your freind he's going to jail.
Well, maybe he will just get away with more probation... better get a new lawyer
  #10  
Old 12-12-2005, 02:50 PM
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Quote:
Originally Posted by sukharev
Well, maybe he will just get away with more probation... better get a new lawyer
In Ohio if im correct your on a strike system. I think your allowed one PV before they do much.
But he will absolutly get 2 weeks in the county. Or he could get his full sentence back. Which is 180 days i belive.
  #11  
Old 12-13-2005, 12:21 AM
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Probation violation for DUI

Thank you all for your input on my friend's violation of probation. All of your information has been helpful in trying to figure this out. The court system is really tough. There is no room to screw up or your life is ruled by the judicial system with no margin for error.
  #12  
Old 12-13-2005, 12:36 AM
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Probation violation for DUI

Quote:
Originally Posted by BelizeBreeze
Tell your friend to quit lying to you.
Yeah, he knew the punch was punched.
  #13  
Old 12-13-2005, 12:38 AM
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Probation violation for DUI

Quote:
Originally Posted by Zephyr
most drinks correllate to a BAC of .02 per drink- as in 1 beer, glass of wine, mixed drink, champagne might be a little lower, so it is concievable that he did have one maybe 2 drinks.

I don't buy the "he didn't know" thing though, when people have champagne punch they call it "champagne punch"
I appreciate your input regarding the BAC. You are also right about my friend not knowing the punch was spiked. Too bad. The effects of less than .02 alcohol are negligable for such consequences. Thank you for your reply.
  #14  
Old 12-13-2005, 12:40 AM
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Probation violation for DUI

Quote:
Originally Posted by sukharev
Well, maybe he will just get away with more probation... better get a new lawyer
Thank you for your vote of confidence. It helps!
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