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Florida Parole, Probation & Release All information & questions relating to parole, probation or release in Florida should be posted here.

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  #1  
Old 06-01-2012, 03:04 AM
Flagirl1960 Flagirl1960 is offline
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Default B.F. Has vop, dui offense

Looking for any information about minimum sentencing guidelines
on first VOP, first DUI, and b.f. is only caregiver to dying mother. any chance he
will NOT do hard time?
He's employed an attorney, just anxious for answers before his
hearing.
He's contacted his PO, she hasn't returned his call, really anxious
about what happens next, once she is aware of his recent arrest.

Question: Will he definitely go to jail for VOP? DUI, did not blow,
has diabetes, witnesses who state he did not drink alcohol that night, cops
crashed into his car when he ran out of gas at a red light.
Ughh, any opinions on this all coming together in his favor once
the PO talks to his attorney?

Thanks

Last edited by Flagirl1960; 06-01-2012 at 03:06 AM..
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Old 06-01-2012, 08:45 AM
xlabel xlabel is offline
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So he VOP'd on another DUI/refusal to blow? I violated my DUI prob, but just for not paying fees and fines,no jail time, got an extension, but was also told if I mess it up I'll do 4 months. I know a guy who just got his 3rd and just did 60 days but he started doing all the AA, and rehab stuff before he went to court....if he messes up it's 5 years State time.

I'd say worst case in your bf's situtation would be like 4 months, but ask for weekend jail, or to suspend the sentence, and I'd probably get all the help and rehab started before I went to court.
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Old 06-01-2012, 11:57 AM
NAN425 NAN425 is offline
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Whether he was DUI or not doesn't matter probably...they will probably violate him just for the refusal of the breathalyzer. One of the conditions that you have to follow on probation is to follow law enforcement instructions. Refusal to blow is an automatic 6 month suspension of your driver's license whether you are drunk or not.

Remember, the standard of proof for them to get him on a VOP is lower than the standard for a conviction on the actual DUI charge.

They won't care about him being his mom's caregiver, unfortunately. If they did, there would be no one in jail - almost everyone has some sort of responsibility that they are taken away from when they are locked up.

A lot of the outcome of this depends on the judge, PO, and prosecutor, how much they like to throw the book at people, and your bf's history with them. But I can't imagine any court that wouldn't lock up someone for getting another DUI while on probation already for one.
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Old 06-01-2012, 12:10 PM
Flagirl1960 Flagirl1960 is offline
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Quote:
Originally Posted by NAN425 View Post
Whether he was DUI or not doesn't matter probably...they will probably violate him just for the refusal of the breathalyzer. One of the conditions that you have to follow on probation is to follow law enforcement instructions. Refusal to blow is an automatic 6 month suspension of your driver's license whether you are drunk or not.

Remember, the standard of proof for them to get him on a VOP is lower than the standard for a conviction on the actual DUI charge.

They won't care about him being his mom's caregiver, unfortunately. If they did, there would be no one in jail - almost everyone has some sort of responsibility that they are taken away from when they are locked up.


A lot of the outcome of this depends on the judge, PO, and prosecutor, how much they like to throw the book at people, and your bf's history with them. But I can't imagine any court that wouldn't lock up someone for getting another DUI while on probation already for one.

Thanks for the answers, this is his FIRST DUI, but I understand if you have negative contact with LEO, a VOP and conviction will probably be
his outcome.
Appreciate the responses.
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