QUESTION
Is there some way I can get my probation reduced?
Asked on Mar 20th, 2013 on DUI/DWI - Michigan
More details to this question:
I got an MIP and it was my first offense. I had to pay a $575 fine and take random preliminary breath test. I've only been on probation for a week now and I have already taken 4 tests. They're treating me like some alcoholic. I'm just a college student who was at the wrong place at the wrong time. Taking these tests are breaking my pocket.
7 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, there is a process, it requires filing a "request to modify probation." In some counties its as simple as putting yourself on the calendar in others it requires a formal motion. You should talk to your lawyer about the onerous terms and conditions of your probation and see what can be done, if you didn't hire an attorney, you should look for a local attorney to help you now.
Answered on Mar 21st, 2013 at 3:51 PM
Michael J. Breczinski
No If you refuse then you may end up sitting in jail.
Answered on Mar 21st, 2013 at 10:03 AM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
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Your goal is to contact every local social service agency to find out if there is a low cost or no cost PBT facility that you can go to submit your test results to the court. Start with the local court's probation departments tell them it is a financial hardship to have to pay for 4 times a week testing & ask if they know of some place you can get tested for less than what you are currently paying.
Answered on Mar 21st, 2013 at 7:14 AM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Your best bet is to file a motion with the sentencing judge asking him/her to reduce your testing requirements. You would want to emphasize your financial circumstances and the fact that you have no priors.
Answered on Mar 21st, 2013 at 6:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They are checking you out, and remember, it was your actions which started this mess. Comply or it will get much worse.
Answered on Mar 21st, 2013 at 12:45 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The only one who can reduce your probation is the judge. I can guarantee you that after only one week of probation there is no judge who is going to reduce it.
Answered on Mar 21st, 2013 at 12:41 AM
You could ask the court to modify the terms of your probation. As to whether the court will agree with you, that depends on you, your record, and the judge.
Answered on Mar 20th, 2013 at 11:23 PM