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Probation violation

hubby (prior to being my hubby) was arrested for gross misdemeanor, got a year of probation...probation is up in April 09. That was the only thing ever on his record. Fast foward to Feb 2009, was pulled over for expired tabs, had been drinking (we were all out to a normal dinner) BAC was .089 and .094, passed all field sobriety tests, etc. Attorney thinks he can get it dropped. I am wondering anyone with a gross misdemeanor ever violate probation? Did you have to go to jail? Hubby has a great job, coaches and is the sole provider for our household? Any advice would be nice.

 
Anonymous

Asked by Anonymous at 5:03 PM on Mar. 17, 2009 in Politics & Current Events

This question is closed.
Answers (10)
  • I am a rather small person. One glass of wine puts me over. I discovered this accidentally. Back when I was single I went with some friends to a club. They had some officers there giving tests just to help people know their limit. We decided to take the test even though we hadn't been there long. I had drank ONE glass of wine and I was slightly over the limit. SHOCKER! Kudos to those police officers! I am sure I am not the only one that was surprised.

    BTW...I didn't have anymore that night and got tested again before I left! Honestly, it really freaked me out!

    OP, I wish you and your hubby luck.
    yourspecialkid

    Answer by yourspecialkid at 6:16 PM on Mar. 17, 2009

  • Do you live in Oklahoma? Just curious because it sounds a story similar to one of the coaches in my area. I don't know how to answer your question but he probably won't get it dismissed since he is already on probation. They do not like when people have multiple violations, it doesn't really matter how small he thinks it is.
    Anonymous

    Answer by Anonymous at 5:05 PM on Mar. 17, 2009

  • We aren't worried about the DUI. We are more worried about the probation violation. Since it was a rather minor offense. No okla but wa state. Thank u 4 taking the time 2 answer though.
    Anonymous

    Answer by Anonymous at 5:08 PM on Mar. 17, 2009

  • I know you said he passed the field sobriety tests, but he WAS legally drunk. Do you really want teenagers with BAL of over .08 out there driving when you are picking your kids up from school? The drunk driving lasws are for everybody, including your husband.
    Anonymous

    Answer by Anonymous at 5:10 PM on Mar. 17, 2009

  • It really depends on the judge. He might decide to put him in jail for probation violation especially since he is a coach and coaches are public figures in the school. He might want to make an example out of him. It's possible that he can go to jail, yes. You will need a darn good attorney. He might lose his job too.
    Anonymous

    Answer by Anonymous at 5:10 PM on Mar. 17, 2009

  • Sorry hun, but he did the crime,and he should suffer the consequences. He is the one who chose to drink and drive and knew he was doing it while on probation, so he should be punished like other people get punished. I dont feel sorry for him one bit, he made the dumbass choiuce.
    Anonymous

    Answer by Anonymous at 5:45 PM on Mar. 17, 2009

  • We have a very good attorney. Just heard back from him and he also thinks that since the issue three years ago was so minor that he won't do any jail time. (had never been in touble with the law b4) It is the loss of job that had/had us worried if he had to go to jail. We can handle fines and the like.
    Word of caution 3 glasses of wine with a full meal can in fact change your life. To those who were so hateful, we understand the gravity of drinking and driving. However I am sure more than one person here has had dinner and a cocktail and driven. I hope someone can learn from this. We certainly have.
    Thanks to those who had something to say other than spit venom.
    Anonymous

    Answer by Anonymous at 5:58 PM on Mar. 17, 2009

  • I have never ever drove after drinking, because I am better than that.
    Anonymous

    Answer by Anonymous at 6:05 PM on Mar. 17, 2009

  • I am in WA state and I highly doubt for his first DUI with that low of BAS levels that your SO will do ANY jail time. The fact that he passed the FT's also will help him greatly coupled with the fact he was pulled over for his registration/tabs and not for erratic driving. I work as a paralegal and I can tell you that chances of that DUI charge sticking are almost nil. I am not sure about the probation part because that will depend on the judge.  Good Luck.


    For those of you throwing stones, it is as little as 2 beers or 2 glasses of wine etc for most people to blow over the legal limit.

    Anonymous

    Answer by Anonymous at 6:06 PM on Mar. 17, 2009

  • He may not get jail time for the DUI, probably a fine and suspended liscense. He could get jail time for the probation violation though. I hate to say it but he was legally drunk and if he would have hit someone, it could have been much worse for your family. I am sure that many people have had a couple of drinks at dinner and thought they could drive and really shouldn't have. I know first hand how a DUI, especially involoving an accident can affect an entire family for years after. I think first time offenders should be punished the most, then maybe there won't be people with 10+ offenses still on the road killing people and not even knowing they hit someone because they were drunk. I have NO tolerance for people who drink and drive, have a designated driver when you go out it could even save YOUR life.
    tyfry7496

    Answer by tyfry7496 at 6:15 PM on Mar. 17, 2009