DUI probation violation

[nih2000]

State: PA
A family member had his third DUI in 2010 (last dui was 9 years ago). He was given probation, fines, classes, etc. Unfortunately he didn't follow through with the conditions as he was going through a very tough time. Since his last DUI, he turned his life around: received his degree and never had a drop alcohol. I wish he didn't have to get the 3rd dui to come to that realization. But a bench warrant for the probation violation was issued. He has now turned himself in with a lawyer's help. We were told his PO put the bench warrant and a judge signed off on it.

I would like get your opinion on what he is facing. He is at the county jail for 5 days now. What will be the next step? I assume there will be a hearing in front of the judge who issued the warrant. I like to get an idea of how long it will take. Should he have arranged for the hearing first and turned himself later?

Thanks

 

[Isis1]

State: PA
A family member had his third DUI in 2010 (last dui was 9 years ago). He was given probation, fines, classes, etc. Unfortunately he didn't follow through with the conditions as he was going through a very tough time. Since his last DUI, he turned his life around: received his degree and never had a drop alcohol. I wish he didn't have to get the 3rd dui to come to that realization. But a bench warrant for the probation violation was issued. He has now turned himself in with a lawyer's help. We were told his PO put the bench warrant and a judge signed off on it.

I would like get your opinion on what he is facing. He is at the county jail for 5 days now. What will be the next step? I assume there will be a hearing in front of the judge who issued the warrant. I like to get an idea of how long it will take. Should he have arranged for the hearing first and turned himself later?

Thanks

to be perfectly honest, no one can answer your question fully.

you are a third party AND your family member has an attorney. and it's not very bright to second guess the attorney who has all access to every piece of necessary information.

the best that can be told.....this will be treated as his second DUI IF the first DUI was over 10 years ago. the terms of his first probation will be revoked and he will also serve the terms of both DUI's. from the looks of it, he could be serving jail time.

 

[nih2000]

Thanks for the response. No, I am not second guessing our lawyer. It just everything seems bit slow. I am trying to learn as much as possible. Yes this is considered as his second DUI (3rd). His first was well over 15 years ago. He took care of everything he needs to take care of for the second DUI. How could they apply that punishments to the 3rd?

Thanks

 

[nih2000]

The docket sheet now shows "Bench Warrant Probation Violation - Returned Served". "FILED BY: affiant" Does this mean he turned himself in? What's affiant? Thanks

@isis1 -- You mentioned they may add the second dui's penalties to his third dui offense. He didn't receive any diversion for his 2nd dui. He had to complete all the classes, AA, pay fines and go through license suspension. If they add these completed punishments to his 3rd dui, wouldn't that be considered as a double jeopardy? If the 2nd dui was discharged via ARD, I can see that happening.

 

[Isis1]

Thanks for the response. No, I am not second guessing our lawyer. It just everything seems bit slow. I am trying to learn as much as possible. Yes this is considered as his second DUI (3rd). His first was well over 15 years ago. He took care of everything he needs to take care of for the second DUI. How could they apply that punishments to the 3rd?

Thanks

because one of the terms of the first dui (his second, really) was probation. it was the term to stay out of jail. he didn't follow the probation. therefore it was revoked and he is being sent back to jail.

 

[Isis1]

The docket sheet now shows "Bench Warrant Probation Violation - Returned Served". "FILED BY: affiant" Does this mean he turned himself in? What's affiant? Thanks

@isis1 -- You mentioned they may add the second dui's penalties to his third dui offense. He didn't receive any diversion for his 2nd dui. He had to complete all the classes, AA, pay fines and go through license suspension. If they add these completed punishments to his 3rd dui, wouldn't that be considered as a double jeopardy? If the 2nd dui was discharged via ARD, I can see that happening.

in order to further explain...what are the dates of all his DUI's and what were the BAC levels for each?

i will also need the terms of his first DUI, AND his second dui.

 

[nih2000]

Unfortunately I can't find the date for the first DUI because it was expunged from the records. The only available records are his second and third DUIs.

Second (1st): 3/4/2001 & +0.16 plus BAC (sorry can't get the exact BAC)
Third (2nd): 2/5/2009 & +0.16 plus BAC (sorry can't get the exact BAC)

I just looked at the docket sheet again. It says the case status is now closed. Shouldn't that be active?

Thanks