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On Probation and Being Accused

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Junior Member
What is the name of your state? New York

What is the name of your state? New York

For a quick rundown of what my dilemma is...

I was arrested for my second DWI in Fall of 2003. No one was hurt, and there were no extenuating circumstances. I ran off the road with my car.

I surrendered my license in Spring of 2004. So I have been on probation for two years and have had absolutely no violations of probation, or any legal problems at all. I was switched from my phase one probation officer to a phase three probation officer last year, but was recently switched back to my phase one probation officer because of the following problems.

My license has still not been restored although the one year mandatory revocation period was up in the spring of 2005. My phase three probation officer had "forgotten" to file the paperwork. When seven months of reminding prompted her to finally fill out the paperwork, up pops another problem. And here is the real crux of my dilemma...

A disgruntled business associate of mine is very upset that their investment with me and my company has not performed better in the one year since they and I agreed to this business venture. They have been making it very clear to me that if they do not see a 100% return on their money immediatly, that "I will be going to jail!" I have continuously been in contact with this business associate and have assured them that I will make good on all investment promises, but the last year has been very difficult to get things done effectively since I have yet to obtain my driver's license back. This individual does not seem to care about the reality of the situation, and since our contract together does not leave them any real legal route to demand money or sue me they have gone and done the following...

My associate has now gone and sent a letter to probation stating that I have been drinking. Namely they have indicated that I have been drinking in an establishment owned by another business associate of mine. OK, now that being said, my business associate who owns the establishment has written a letter to probation clearly refuting these accusations. So I have a very angry and vindictive associate that I am greatly regretting having anything to do with, and those around me who are of their right mind who are throwing up their support.

And that is where it stands.

Not to sound like a fool here, but with the trials that I have had to endure over the last 2+years of being without the proper transportation and freedom to run my business as it needs to be run, this problem is a direct result of the probation departments lack of follow through on their part in regards to my driver's license.

And constructive criticism or information would be greatly appreciated. I really would like to have my life back sometime soon so I can just get back to work properly.

frustrated...with insomnia...and I just can't say I trust the state to do anything right.


Senior Member
It sounds as if no one has violated your probation yet, so it's rather pointless to worry about it now. You have one associate saying you've been drinking, and another saying you haven't. It sounds like a wash to me.

And if you are having problems with your probation officer, perhaps you can speak to his or her supervisor.

- Carl


Junior Member
Thanks for the input. I do appreciate it.

The pressure that this department seems to be exerting has gone above and beyond what seems to be routine in my case.

But yes, I did have several meetings with the superviser at this particular department regarding the phase three probation officer and the lack of professionalism on their part. The supervisor informed me that this particular probation officer was the only phase three officer in that office and if I really wanted to switch probation officers I would have to be switced back to a phase one officer.

I had absolutely no problem with that. So now I am back with my original probation officer.

Unfortunately, when all of this was being juggled around, this accusation from my associate has come in causing more confusion and concern. My current probation officer has changed my once per month visits to twice per month, which I also have no problem with, but it's just extremely stressful to have ones life in the hands of an organization that seems so overworked that proper paperwork does not get filed and in turn causes life problems for their clients.

We shall see.

Thanks again...
Stressed and mobility impaired

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