Probation Violations

Police officers on duty, knocking on the doors of the suspectI have a friend who is a snow bird. Like a lot on people, he goes up north for the summer. Before he left last year, he was arrested for DUI. When his time came to leave, he did so without thinking about his parole status. When he came back, he was surprised to find that the police were looking for him in reference to his parole violation.

What is involved with parole violations?

Until a probationary period is completed successfully, anyone serving probation is subject to the severest penalty provided for the offense for which they are on probation. A person serving probation for a first-degree misdemeanor who violates probation can be sentenced to jail for up to 1 year and fined $1,000.

Technical Probation Violations — A technical violation is one in which someone failed to comply with one of the required terms of their probation. This could be missing a scheduled meeting with the PO or failing to regularly attend counseling, or providing “dirty urine.” While still entitled to seek an arrest warrant, probation officers typically issue a notice to appear so the probationer can attend a court hearing on the issue. If a probationer continues to collect technical violations, a judge is authorized to impose any reasonable sanction or none, as they see fit. 

Thinking that serious punishment has been escaped because a court “only” sentenced a person to probation is a serious miscalculation. Until a probationary period is completed successfully, anyone serving probation is subject to the severest penalty provided for the offense for which they are on probation. 

If a person is on probation for a second-degree felony, a violation of that probation can result in a judge imposing a 15-year prison term.

If you think you may have an issue with parole violations, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

DUI – Breath Thing in Your Car

Man in car blowing into breathalyzerWhat is the Florida Ignition Interlock Program? The Florida ignition interlock program is a mandate under Section 316.193, Florida Statutes, for an ignition interlock device (IID) to be installed on the vehicle of “certain persons” that are convicted of Driving Under the Influence (DUI).

Here are the parameters of the IID requirements under the Florida Statutes according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV):

  • First Conviction — only if court-ordered
  • First Conviction if BAL is 0.15 or above, or minor in the car — at least 6 months
  • Second Conviction — at least 1 year
  • Second Conviction if BAL is 0.15 or above, or minor in the car — at least 2 years
  • Third Conviction — at least 2 years
  • Four or more Convictions (Condition of Hardship License) — at least 5 years

In simplest terms, an interlock device is an in-car breathalyzer that prevents a person from starting a car until a breath alcohol test is taken. An ignition interlock device is a proper term for devices sometimes referred to as “in-car breathalyzer” or “car interlock” or “blow and go”.

After you have successfully blown into the device and are driving down the road, it may ask you to pull over and blow into the device to confirm that the driver is still sober. This can be extremely  inconvenient.

Can Someone Else Drive Your Car With an Interlock Device On It?

Yes. You can allow other licensed drivers to operate your vehicle with an IID installed. They would have to use the breathalyzer to start the car or truck just like you would.

Ignition interlock device costs will vary by state but on average, the installation cost is between $70 and $150 and an average monthly lease price is $60-$90. Your installation fee is paid directly to a state-certified installer.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.