Second offense probation violation (OWI) Michigan

[beanie9006]

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

Hello,

I need some advice on what "could" happen. I am currently on probation in two counties for two separate crimes. One is an OWI and the other is for embezzlement under $200. I am currently serving weekends in jail for the embezzlement and daily breathalyzers for the OWI in the other county. I violated my probation this morning by blowing a .026. My question is, will I have to go to court in both counties also, what can I expect if this is my second violation (second positive PBT). Both probations have the requirement that I not consume alcohol (I know, shouldn't have drank). On a side note, I have been attending AA and have signed myself up for IMPACT weekend on my own. Any helpful insight or advice is greatly appreciated.

 

[sandyclaus]

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

Hello,

I need some advice on what "could" happen. I am currently on probation in two counties for two separate crimes. One is an OWI and the other is for embezzlement under $200. I am currently serving weekends in jail for the embezzlement and daily breathalyzers for the OWI in the other county. I violated my probation this morning by blowing a .026. My question is, will I have to go to court in both counties also, what can I expect if this is my second violation (second positive PBT). Both probations have the requirement that I not consume alcohol (I know, shouldn't have drank). On a side note, I have been attending AA and have signed myself up for IMPACT weekend on my own. Any helpful insight or advice is greatly appreciated.

I'm going to venture a guess and say YES, you'll have to answer for your dirty breathalyzer results in BOTH counties - since, as you have stated, you were placed on probation in both counties, and the terms of your probation require you to abstain from alcohol use.

While it will look better that you are currently attending AA and have signed up for an IMPACT weekend, the fact remains that you were already in AA and drank. You might just have to enroll yourself into an formal alcohol rehab program in order to get full effect from that kind of preventative measure in the eyes of the court.

Discuss the matter with your probation officer in both counties, and beg for mercy. And for God's sake, when they say don't drink, then DON'T DRINK. That DOESN'T mean you can drink and just hope not to get caught!

 

[beanie9006]

I know I have a problem. I do appreciate your comment but would like to know how exactly it works. If I go to court in the county of my violation and am sentenced then have to go to court in the other county, which court has precedence and what can they do?

I'm going to venture a guess and say YES, you'll have to answer for your dirty breathalyzer results in BOTH counties - since, as you have stated, you were placed on probation in both counties, and the terms of your probation require you to abstain from alcohol use.

While it will look better that you are currently attending AA and have signed up for an IMPACT weekend, the fact remains that you were already in AA and drank. You might just have to enroll yourself into an formal alcohol rehab program in order to get full effect from that kind of preventative measure in the eyes of the court.

Discuss the matter with your probation officer in both counties, and beg for mercy. And for God's sake, when they say don't drink, then DON'T DRINK. That DOESN'T mean you can drink and just hope not to get caught!

 

[quincy]

I know I have a problem. I do appreciate your comment but would like to know how exactly it works. If I go to court in the county of my violation and am sentenced then have to go to court in the other county, which court has precedence and what can they do?

You can ask your probation officer or, better yet, you can ask your attorney these questions - and, if you do not have an attorney yet, I recommend you get one.

It is very likely your probation will be revoked and, depending on the counties involved, you might want to plan on some additional time in jail.

 

[beanie9006]

You can ask your probation officer or, better yet, you can ask your attorney these questions - and, if you do not have an attorney yet, I recommend you get one.

It is very likely your probation will be revoked and, depending on the counties involved, you might want to plan on some additional time in jail.

Thank you for the feedback. My probation officer for the OWI did not want to issue a warrant, but said to watch the mail for the "show cause" hearing. I have contacted a couple attorney's in my area and they all say that I am better off w/out them as there is no case, just guilty. to me, that is an obvious, but I could use some tips on how to go about this on my own... thank-you to all who reply ahead of time.

 

[quincy]

. . . . I have contacted a couple attorney's in my area and they all say that I am better off w/out them as there is no case, just guilty. . . .

You are kidding, right? The attorneys you contacted said you were better off without them? Yikes.

What counties are involved here, beanie9006?

 

[beanie9006]

Traverse city and Antrim County

You are kidding, right? The attorneys you contacted said you were better off without them? Yikes.

What counties are involved here, beanie9006?

 

[beanie9006]

Crickets.....

Traverse city and Antrim County

 

[quincy]

Crickets.....

You are in a great area to hear the crickets, beanie. Here in Detroit, the traffic noises sort of block them out.

I had some work to complete, by the way, so I am sorry I did not get back to you sooner.

Your hearing is with the Probation Department in the 86th District Court, Robert P. Griffins Hall of Justice, correct? That is the court of Grand Traverse, Leelanau and Antrim Counties. My advice is DO NOT MISS YOUR HEARING DATE and dress nicely and be polite and contrite.

Do you have the same probation officer for your embezzlement conviction as you do for your alcohol offense? There are not a whole heck of a lot of probation officers in your area.

Your show cause hearing is the result of your probation officer reporting your violation to the court. Your probation officer will be making a recommendation to the judge and these PO recommendations hold a lot of weight. If you have a good relationship with your PO, then speaking with him prior to the hearing could be smart. Speaking with an attorney in your area first, however, is even smarter.

You should be able to find an attorney in your area who takes your concerns seriously. You can find attorneys to assist you by contacting the Michigan Bar Association (http://michbar.org) and the Grand Traverse-Leelanau-Antrim Bar Association (http://gltaba.org).

Good luck.

 

[beanie9006]

I obtained an attorney today. He said that I can get up to a year or more for this violation ( he HIGHLY doubts that, but it is a possibility). The embezzlement is a 1 year misdemeanor and the OWI is a 93 day, I believe. Do you think that this sentence is possible???

 

[quincy]

I obtained an attorney today. He said that I can get up to a year or more for this violation ( he HIGHLY doubts that, but it is a possibility). The embezzlement is a 1 year misdemeanor and the OWI is a 93 day, I believe. Do you think that this sentence is possible???

I would not want to second-guess your attorney who has had the opportunity to review all of the facts of your situation and may know your probation officer, the judge, and the judge's leanings in such matters.

However, I would certainly not rule out the possibility of a sentence that includes an extended time in jail. And it is also potentially possible that your probation will not be revoked at all but merely extended with some tweaking of the terms.

Because it is frequently your probation officer's recommendation that the judge will place the most weight on, your attorney will want to work with your PO to see what is possible and what is not.

If you have any evidence for your attorney to present that might serve to mitigate a sentence (such as: you are aware of your alcohol problem and are actively seeking help with it, you had a relapse and reported it to your alcohol counselor, etc), then by all means arm your attorney with these facts.

Good luck.