QUESTION
Can I request for my probation to be amended and be shortened to 6 months?
Asked on Oct 21st, 2013 on DUI/DWI - Michigan
More details to this question:
I was recently charged with a DUI. It is my first offense. I plead guilty to visibly impaired. The judge ordered me to 1 year of probation and ETG testing 3 times a month for 1 year. I have no problem not drinking for a year, but the testing is very inconvenient, and I just graduated, and will be looking for new employment. It will be quite difficult to find a position as a nurse practitioner, if I have to continue doing these random tests. I am wondering if my PO can ask for an amendment of my probation, if my ETG tests come up clean for a certain amount of time (90 days, or even 6 months would be better than a full year!). Part of my probation states that I will remain employed, but these tests are making that difficult. The hours are very inconvenient for someone in the medical profession.
6 ANSWERS
Michael J. Breczinski
Well the probation officer can recommend this to the court if you have been doing well. Talk with that person.
Answered on Oct 23rd, 2013 at 1:05 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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This doesn't sound like a California case, I have been defending DUI cases, exclusively, for over 16 years and I have never heard of a "visibly impaired" charge. That being written, many times you may request the court to modify your probation, if the court agrees with the grounds/reasons you cite for wanting to reduce the amount of time you are on probation, you may get an order shortening or even terminating probation.
Answered on Oct 22nd, 2013 at 10:26 PM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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Yes, you can request that your probation or court referral program be amended. However, there is no law or court rule that entitles you to the right to have your probation amended. It will be entirely up to the discretion of the probation officer/court referral officer, prosecutor, and judge.
Answered on Oct 22nd, 2013 at 1:04 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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In my area the Probation Officers will not request or assist in the modification of the terms of probation. You need to contact your attorney to request the court modify the terms or conditions.
Answered on Oct 22nd, 2013 at 12:29 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can request it but that doesn't mean it will happen. The worst that will happen is they say no. The court doesn't care about the inconvenience the probation requirements cause as probation is a form of grace- a way to avoid jail. In their eyes, you drove drunk and put innocent people's lives at risk so they don't care about any inconvenience probation causes you. You can always file for a modification of your probation terms. If you don't feel comfortable doing it yourself you should retain a lawyer.
Answered on Oct 22nd, 2013 at 12:23 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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If you don't ask you don't get.
Answered on Oct 22nd, 2013 at 12:10 PM