Can you contest probation and what it entails?

[cycler25]

What is the name of your state (Indiana)?

I was arrested for a (first offense) DUI 3 months ago. My license suspension term is 120 days, which will be up in a month, obviously I look forward to that so I can drive again - or so I thought and here's what I'm worried about.
Since I cannot contest the case with any real shot of winning, my lawyer has presented me with a plea bargain from the prosecution. It says that I have two options:

1) go to jail for 14 days and have 6 months probation thereafter.

2) do a DUI class which can only be served in the county of the arrest 12 weeks straight with a hope that they will suspend the rest of the probation thereafter - no guarantees.

Here is the killer. The judge has a 'no driving' rule for this type of offense during probation or while enrolled in the class. That means that option 1 comes with the 120 day suspension and 6 more months on top of that, for a total of 10 months of no license! Option 2 means that I could potentially have the probation removed only after completing the course and in theory reduces the probation to only 3 months total - if they grant it. But the judge will not allow any transfers of the classes to another county AND with this 'no driving' rule, I cannot drive to that county to take the classes. Option 2 is pretty much not an option.

I have a lawyer but I hired the wrong one, he isn't helping me understand my options and either can't or wont get the classes moved or probation dropped. It wasn't him who told me about this dilemma, I had to figure it out on my own. Is there anything I can do? Like everyone else I need to drive to be a valuable part of society. I've already lost jobs because of this.

 

[Zigner]

You don't need to start multiple threads - keep your related questions in the same thread.

https://forum.freeadvice.com/drunk-driving-dui-dwi-27/first-offense-owi-how-negotiate-plea-bargains-585341.html

 

[cycler25]

yes, and sorry. That last thread got a bit off topic and the situation is a bit different.

 

[cycler25]

That last thread got a bit off topic and the situation is a bit different. My apologies.

 

[Zigner]

It's the same situation.

 

[CSO286]

You were charged with driving under the influence.

Driving.

So naturally, part of the consequences would be that you are not permitted to drive for a period of time.

Before I married him, MrCSO had lost his DL for 3 years due to DUIs (I know he wouldn't mind my saying so). Once he straightened out, he completed treatment, became and remained sober, and them took all the necessary steps to reinstate his license--which included remaining compliant with a significant "no drive" order. Even during the time he was not permitted to drive--and even in our sigificantly rural community--he was a valuable, employed and contributing member of society.


You want option 2? Get a friend or family member to drive you there and back for each of the classes.

 

[Zigner]

I don't think the OP liked hearing that in his other thread.

 

[Rwedunyet]

Or, if your willing to really step up to the plate and take responsibility for what YOU have done**************....you could NOT call your family for a ride, and instead work extra hours to earn some taxi money.

Regardless, if you do end up having to inconvenience your friends or family after your negligence, I hope that you have the decency to compensate them for their time and gas.

YOUR mess-up has caused stress and heart ache already, dont let it hit their pocket book.

And...Your judge was more than fair. Face up to what you have done, take responsibility, and stop complaining. The court system isnt set up to make this easy for you.

 

[TigerD]

I was going to suggest that the OP simply stand up and tell the judge that the terms for his release from jail are simply to oppressive and that he will not comply with them so the judge had better come up with another option.

You don't have to get probation instead of jail time....

DC

 

[cycler25]

Thank you all, very helpful. Zigner especially.

 

[Zigner]

Thank you all, very helpful. Zigner especially.

One is glad to be of service.

 

[cycler25]

It seems the information I was getting was incorrect. I was under the impression that I could not drive during probation (according to the paperwork I was given) and now my lawyer is telling me otherwise. I'm skeptical, however. It looks as if I CAN drive during probation after I serve my time. It makes me wonder if there are other miscommunications that I should be aware of in this case. I am not fluent in lawyer speak.