Habitual Violator caught driving and back in Jail. What are some of the possible outcomes?

[Member2455]

What is the name of your state?Ga.
My girlfriend spent over a year in prison for DUI type offenses. She was released in Dec. 2018 on parole until March 2021. A Ga. State trooper saw her standing beside a disabled vehicle. The car was broken down. She was waiting on a tow truck. The trooper stopped to offer assistance. I think he ran her license plate. The car was registered in a business name. He then became suspicious and asked to see her driver's license. When she could not produce one, he became further suspicious. He asked for ID and she showed him her passport. He ran the passport data and saw all the past DUI's and history with law enforcement. He then started making these assumptions and inferences and came to the conclusion this was her car, she must have been driving, and is probably drinking again. She passed both a breathalyzer and field sobriety test. He searched the vehicle and no traces of alcohol was found. Regardless, he ends up charging her with driving while suspended (M), driving while declared HV (F), and a DUI / less safe (F). She did refuse to give a blood sample back at the police station. Is she going back to prison? He did not actually observe her even driving. What will probably happen?

 

[PayrollHRGuy]

My bet back to prison.

 

[quincy]

What is the name of your state?Ga.
My girlfriend spent over a year in prison for DUI type offenses. She was released in Dec. 2018 on parole until March 2021. A Ga. State trooper saw her standing beside a disabled vehicle. The car was broken down. She was waiting on a tow truck. The trooper stopped to offer assistance. I think he ran her license plate. The car was registered in a business name. He then became suspicious and asked to see her driver's license. When she could not produce one, he became further suspicious. He asked for ID and she showed him her passport. He ran the passport data and saw all the past DUI's and history with law enforcement. He then started making these assumptions and inferences and came to the conclusion this was her car, she must have been driving, and is probably drinking again. She passed both a breathalyzer and field sobriety test. He searched the vehicle and no traces of alcohol was found. Regardless, he ends up charging her with driving while suspended (M), driving while declared HV (F), and a DUI / less safe (F). She did refuse to give a blood sample back at the police station. Is she going back to prison? He did not actually observe her even driving. What will probably happen?

If she was the only one by the vehicle and she was waiting on a tow truck, it was not a huge leap for the officer to conclude she had been the driver of the vehicle.

There will be a parole violation hearing in addition to the hearings on her new charges. She needs a good criminal defense attorney.

I suspect the violation hearing will not turn out in her favor and she will have her parole revoked. But that is just my guess.

 

[Just Blue]

What is the name of your state?Ga.
My girlfriend spent over a year in prison for DUI type offenses. She was released in Dec. 2018 on parole until March 2021. A Ga. State trooper saw her standing beside a disabled vehicle. The car was broken down. She was waiting on a tow truck. The trooper stopped to offer assistance. I think he ran her license plate. The car was registered in a business name. He then became suspicious and asked to see her driver's license. When she could not produce one, he became further suspicious. He asked for ID and she showed him her passport. He ran the passport data and saw all the past DUI's and history with law enforcement. He then started making these assumptions and inferences and came to the conclusion this was her car, she must have been driving, and is probably drinking again. She passed both a breathalyzer and field sobriety test. He searched the vehicle and no traces of alcohol was found. Regardless, he ends up charging her with driving while suspended (M), driving while declared HV (F), and a DUI / less safe (F). She did refuse to give a blood sample back at the police station. Is she going back to prison? He did not actually observe her even driving. What will probably happen?

You already have a thread regarding this drunkard GF . Please post this question to that thread.

 

[quincy]

You already have a thread regarding this drunkard GF . Please post this question to that thread.

At this point, there is probably no need to add to the other thread.

Here is a link to the previous thread: https://forum.freeadvice.com/threads/my-gf-is-in-a-ga-prison-for-multiple-duis.649193/

The girlfriend sure didn't waste too much time violating her parole.

 

[xylene]

I think he ran her license plate.

I kinda think the officer had a basis for his 'hunch' - you kinda admit that.

He's been around the block a few times and so has she.

He had more than sufficent probably cause for the arrest.

 

[Member2455]

Thanks for all the replies. She said he went to the house she broke down in front of and asked them if she was driving, they said yes....that's hearsay....he made the tow truck driver unload the car so he could have it impounded. Will the parole violation probably result in her going back to prison to serve the remainder of her sentence (March 2021 )?

 

[not2cleverRed]

https://forum.freeadvice.com/threads/my-gf-is-in-a-ga-prison-for-multiple-duis.649193/

This thread is an update on the saga.

 

[Zigner]

Thanks for all the replies. She said he went to the house she broke down in front of and asked them if she was driving, they said yes....that's hearsay....

That's not even close to hearsay. That's the statement of a witness.

 

[quincy]

Thanks for all the replies. She said he went to the house she broke down in front of and asked them if she was driving, they said yes....that's hearsay....he made the tow truck driver unload the car so he could have it impounded. Will the parole violation probably result in her going back to prison to serve the remainder of her sentence (March 2021 )?

There is a chance that her parole will be revoked and she will be returned to prison to serve out her sentence, with additional time added for the parole violation and new offenses.

 

[not2cleverRed]

Thanks for all the replies. She said he went to the house she broke down in front of and asked them if she was driving, they said yes....that's hearsay....he made the tow truck driver unload the car so he could have it impounded. Will the parole violation probably result in her going back to prison to serve the remainder of her sentence (March 2021 )?

She. Was. Driving.

She. Has. A. Suspended. License.

Parole will be revoked. She will have to serve the full sentence, and may have additional time added for the new charges. When you are on parole, you have to be very careful to not even have the appearance of violating parole. She refused the blood test. She obviously doesn't give a hoot about abiding by the conditions of her parole.

My legal advice for you: Al-Anon. Learn from others who, like you, love someone with a problem.

 

[quincy]

The prosecutor still has to win a conviction - but it sounds as if the State can support the charges, especially with witness testimony.

The girlfriend needs a good criminal defense attorney.

Member2455, although probably your girlfriend's parole officer has already been told of the arrest by the police, your girlfriend needs to make sure her parole officer is informed. If she doesn't tell him, that can be another violation.

 

[Zigner]

If GF lies in court, it's really not going to help things either.

 

[quincy]

If GF lies in court, it's really not going to help things either.

That is one reason why she needs an attorney. The attorney won't let her speak.

 

[not2cleverRed]

The prosecutor still has to win a conviction - but it sounds as if the State can support the charges, especially with witness testimony.

The girlfriend needs a good criminal defense attorney.

Member2455, although probably your girlfriend's parole officer has already been told of the arrest by the police, your girlfriend needs to make sure her parole officer is informed. If she doesn't tell him, that can be another violation.

That's why I said "may".

I think Member better consider that the charges just might stick.