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IN - OWI and failure to attend court appointed alcohol program

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JohnWhiting

Junior Member
What is the name of your state? indiana

Here's the situation. I got arrested last year for OWI. I got 6 months probation and was told to attend an alcohol program which they gave me all the info for.

My probation was supposed to end on July 22. I had not yet attended the class due to financial reasons. First I paid off the court costs, then I had to pay the lawyer and so on. During that time I got laid off, and fell deep in the hole. Now I have the money to go to the class and was planning on signing up on Monday July 2nd.

HOWEVER, on Friday I got a note from the Judge and my probation officer that my probation has been revoked and that I must go to court on Aug 14.


What should I do?
Should I retain my lawyer again and pay even more money? Can I go in without a lawyer?
Should I just sign up for the class anyway so that when I go to court I can say, "Well at least I am in it now."

And more importantly, one of the things it stated on my probation was that if I violated it, I could get up to 60 days of jail time. Will I go to jail for this?

P.S. This is all first offense. I didn't do anything else to violate my probation besides not attending the classes in time.
 
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outonbail

Senior Member
If you have done everything the court required other than attend the class, meaning you have paid all fines, penalties and court costs off already, then I would recommend not only signing up for this class, but paying for it in full. Doing this will be you're only chance of staying out of jail. Not that it is guaranteed, it's just you're best and only chance.

Paying for the class in full will be to you're advantage as well because people usually attend what they have paid for in advance, more so than someone who is paying class by class.

I would also believe that if you really tried, you could get signed up and attend several classes prior to you're court date. In fact, depending on how many hours you are required to attend this class, you may be able to complete it by you're August 14 court date. If you could arrange this you will almost certainly avoid jail time.

Now I know you're going to say that the classes are all full and you have to sign up thirty or maybe sixty days in advance, but I don't believe that for a minute. If you show up in person and are adamant about getting into a class before you're court date, I have no doubt that you will find a class that will allow you to sign up and start immediately. You just have to want it bad enough.
 

Not My 2 Kids

Junior Member
Outonbail, I hope you take this with the same good nature with which it is intended, but there is a difference between "your" and "you're".

Your is possessive, as in "your advantage, your court date, etc."

You're is a contraction of "you are", so what you are saying here is:

Doing this will be you are only chance
It's just you are best and only chance
Prior to you are court date

Etc.
 

outonbail

Senior Member
Outonbail, I hope you take this with the same good nature with which it is intended, but there is a difference between "your" and "you're".

Your is possessive, as in "your advantage, your court date, etc."

You're is a contraction of "you are", so what you are saying here is:

Doing this will be you are only chance
It's just you are best and only chance
Prior to you are court date

Etc.
Hey, no problem, you won't hear me whining and crying when my grammar and/or spelling is corrected. After all, there are those times when it's necessary to tell someone they're an idiot, so I certainly don't want it to read like I'm one myself. (even if it's the truth)
I should probably proof read allot of my replies a little closer before I post them, but I spend too much time on this pile of magic microchips as it is,,,,
 

JohnWhiting

Junior Member
I was going to sign up for the classes today anyway, but was discouraged when I got the letter on Friday. I will get in them ASAP.

I have also gotten my attorney into the mix.
 

sjmjuly

Member
I was going to sign up for the classes today anyway, but was discouraged when I got the letter on Friday. I will get in them ASAP.

I have also gotten my attorney into the mix.

Smart choice. Better late than never. Get enrolled and hopefully get a couple of classes under your belt before your court date. Be sure and take proof with you that you have enrolled and have been to a couple of the classes.
And do yourself a favor - Don't miss the classes. Finish them and be done with it.
 

JohnWhiting

Junior Member
Smart choice. Better late than never. Get enrolled and hopefully get a couple of classes under your belt before your court date. Be sure and take proof with you that you have enrolled and have been to a couple of the classes.
And do yourself a favor - Don't miss the classes. Finish them and be done with it.
Definitely. They start Thursday. I won't miss them. I'd love to put this whole thing behind me. I haven't had a drink since the incident (exactly one year ago), and before that I hadn't had a drink a year before the incident either. It was my cousin's wedding, and I said why not...
 

sjmjuly

Member
Remember, it's not illegal to drink - It's illegal to drink & drive. The math is very simple: If you drink, don't drive.
 

Indiana Filer

Senior Member
As a probation officer in Indiana, I just want to say that I think Outonbail's post is correct. If you've got everything else completed and paid, you need to sign up for the classes and START them before you go to Court on August 14th.

Have you discussed any of this with your Probation Officer? Let him/her know that you are starting the class. Once the class has started, have the counselor send him a letter stating your attendance and giving information on your class attitude.

If you have done everything the court required other than attend the class, meaning you have paid all fines, penalties and court costs off already, then I would recommend not only signing up for this class, but paying for it in full. Doing this will be you're only chance of staying out of jail. Not that it is guaranteed, it's just you're best and only chance.

Paying for the class in full will be to you're advantage as well because people usually attend what they have paid for in advance, more so than someone who is paying class by class.

I would also believe that if you really tried, you could get signed up and attend several classes prior to you're court date. In fact, depending on how many hours you are required to attend this class, you may be able to complete it by you're August 14 court date. If you could arrange this you will almost certainly avoid jail time.

Now I know you're going to say that the classes are all full and you have to sign up thirty or maybe sixty days in advance, but I don't believe that for a minute. If you show up in person and are adamant about getting into a class before you're court date, I have no doubt that you will find a class that will allow you to sign up and start immediately. You just have to want it bad enough.
 

JohnWhiting

Junior Member
Thanks everyone for their advice. I started the classes and have my attorney (a very good one) handling the rest. She's gonna do the continuance so I get the classes finished, and then she said I will just get a lecture from the judge about being on time.
 

pack4

Junior Member
Hey, a lecture is better than jail time anyday, eh? I wouldn't even give any "sob story" excuses.. just accept what the judge says and be glad its over with. Most judges have heard it all and dont want to hear it again... even if it is the truth. Good luck to you. :eek:
 

JohnWhiting

Junior Member
Hey, a lecture is better than jail time anyday, eh? I wouldn't even give any "sob story" excuses.. just accept what the judge says and be glad its over with. Most judges have heard it all and dont want to hear it again... even if it is the truth. Good luck to you. :eek:
I never make excuses for anything. :cool:
 

outonbail

Senior Member
I never make excuses for anything

I had not yet attended the class due to financial reasons. During that time I got laid off, and fell deep in the hole.
Don't take this the wrong way,,, but,,, you should really hold back making this claim until you have the opportunity to post it in a thread you haven't made excuses in.:D
 

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