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Possible DUI Probation Violation

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jsparis

Junior Member
What is the name of your state (only U.S. law)? West Virginia

Back in March of 2012, at the age of 20, I received a DUI. I spent about $3500 on my lawyer and had it reduced from an enhanced to an non enhanced, and I was put on a 1 year unsupervised probation period. Since then, I have not and will not every drive under the influence of any substance ever again. I have learned my lesson, and after a lot of thought I realize someone could have been killed.

This past Friday (move-in day at my university) after had consuming some alcohol with friends, where I stayed indoors in their apartment, I walked back to my apartment and went to bed. While in bed I received a phone call from my girlfriend, of over a year, who was an incoming freshman. She was crying and informed that she was lost and needed help finding her way back to her dorm and that a group of guys were yelling at her. She gave me two street names right before her phone died, so I went up and down the streets for about 30 minutes calling her name. I called her roommate who wasn't with her and said she wasn't back yet, and eventually my phone died. I then went back to her dorm and asked the nightstaff if it were possible to charge my phone for an emergency. I told them I didn't live there when they asked, and they told me to leave. I asked them if they could at the very least checkup on her room just to make sure she was there, and they refused. I plead for them to do so but instead they flagged down a bypassing cop, and then I received a ticket for underage consumption. It really is a bummer that this can endanger my former DUI case all because I was trying to do something helpful. I realize at the time I definitely should have notified the police, although at the time I was afraid of handing myself over for an underage. Being a college student, working two jobs, and paying all of my expenses and tuition on my own.. All I want to do is set this straight. I am awaiting an email response from my former attorney, and any advice I can get would be so appreciated.

There was no breathalyzer or evidence that I was drinking (open beer in hand etc, some of the kids on campus are crazy enough to walk around the main roads drinking in the open when they receive underages), and I didn't plan on going anywhere before I received her call besides straight to bed after walking home from my buddies apartment. Since I was on an unsupervised probation period from my former DUI charge, I am afraid that this is going to have severe consequences after all of the work I have put into setting myself straight. Whenever you have the time, it would be very helpful if you could discuss what my best options would be and whether you think I could possibly get the charge dropped.
 


sandyclaus

Senior Member
You were already violating your probation by drinking while underage. The fact that you didn't intend to go out, or even to get caught for doing it is irrelevant. You are severely mistaken if you think that equates to you "flying straight" after the DUI incident (which, I might add, had to have involved an underage drinking charge as well).

You earned your ticket. I seriously doubt that you can get the ticket dismissed, unless by some miracle, the police officer's story is weak or they change their mind about charging you. You also earned the probation violation by your illegal actions, and deserve any consequences that come of that.

Get in touch with your attorney to deal with this mess, and expect the very real possibility of having to fulfill the remaining sentence left on your probationary period in jail.
 

HighwayMan

Super Secret Senior Member
This past Friday (move-in day at my university) after had consuming some alcohol with friends, where I stayed indoors in their apartment...
Staying indoors did not make it legal for you to drink

It really is a bummer that this can endanger my former DUI case all because I was trying to do something helpful.
No, you drinking when you're not permitted by law to do so is "endangering" your DUI case - and there's nothing "former" about it.

There was no breathalyzer or evidence that I was drinking
You mean other than the strong odor of alcoholic beverage on your breath? :rolleyes:
 

jsparis

Junior Member
Alright guys, my bad, I didn't realize this wasn't a website for freeadvice, but rather, for people to just point out the mistakes that the poster is well aware that they made, and to try to just grief people by giving them all of the possible scenarios of what may happen to them.

And on that note I'm out, this site, and all of you are useless.
 

sandyclaus

Senior Member
As it states in my siggy, it's only a mistake the first time. The second time, it's NOT a mistake, it's a CHOICE. Choices have consequences.

The best thing you can do in your situation is accept the consequences of your continued poor judgment, and take away from this the knowledge that you will have learned better the second time around.
 
Alright guys, my bad, I didn't realize this wasn't a website for freeadvice, but rather, for people to just point out the mistakes that the poster is well aware that they made, and to try to just grief people by giving them all of the possible scenarios of what may happen to them.

And on that note I'm out, this site, and all of you are useless.

Actually, several -not many - posters here do offer valuable legal and law-enforcement advice and insights. But by and large, most of the posters here are not in the loop. On top of their ignorance, they take obvious pleasure in the suffering of their (supposed) moral inferiors.
 

tranquility

Senior Member
I am uncertain as to what legal advice you seek. You intentionally violated a court order. Um..using magic super legal brain, I'd say you need to prove you did not know of the order, or counter the officer's training and experience about identifying a person who has been drinking. Of course, there is the problem of violating the order by your own admission. The only hope is to get some argument a jury will buy that you did not violate the order. It would be a lie, but if you pay enough, who knows?
 

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