QUESTION
Will I receive a probation violation for verbally admitting that I drink at a Drug & Alcohol evaluation?
Asked on Aug 10th, 2012 on DUI/DWI - Pennsylvania
More details to this question:
I am on adult probation through the state of PA for a DUI I received a couple of years ago.
Originally I was on a special program because it was a 1st offense but I got removed from it for a failure to report. I was then re-tried for the DUI and served 3 days in county jail.
After being released I was put on probation or parole and ordered to complete DUI courses and attend AA meetings. I have done this. One thing I forgot was that I was on a no alcohol clause and I admitted at my evaluation this week that I drink once a week with friends.
I don''t know how much information is relayed to my PO but im afraid the person who conducted my eval will tell him I said this.
Am I in violation for simply admitting? I was scheduled to get off of probation this month!
1 ANSWER
4 Awards
Counselors and even probation officers have a lot of discretion so there is no way to know whether your admission will be reported. Even if it is reported you may have a defense, as your admission was made in a therapeutic setting so should not be used for punitive purposes. Look at the Pennsylvania cases addressing therapeutic polygraphs versus investigative polygraphs for an analogy that might work in your case, and then get a very good lawyer. Steve
Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net Become a Fan of Fairlie & Lippy, P.C. on Facebook Follow us on Twitter
Answered on Aug 12th, 2012 at 8:59 AM