Legal Question in DUI Law in Maryland

V.O.P. - Restriction given: 1-12 Step Meeting Per Day

I had my 1st DWI and was given PBJ with these restrictions:

Continue Outpatient Drug/Alcohol program (13 weeks)

Shock Trauma DWI class

24 months probation

no alcohol in system for 24 months

I violated my probation by having alcohol in my system, no moving violations and no other criminal charges.

At my V.O.P. hearing I was given these restrictions until next hearing:

Remain drug/alcohol free

Interlock device on any vehicle operated

Continued Probation

Seek inpatient treatment

1-12 step meeting per day

I have attended these 12-step meetings everyday since. At these meetings, the 12 steps involve ''to believe that a Power greater than ourselves'' and make numerous references to ''God''.

Does the court have the authority to order someone to attend a �religious� meeting of this sort? I could understand them making someone get treatment, but to attend these meetings which have a �religious� tone seems to go against �Freedom of Religion�


Asked on 1/17/05, 5:59 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: V.O.P. - Restriction given: 1-12 Step Meeting Per Day

Instead of going to meetings you could be in jail. Continued violation of probation may also lead to jail. Other criminal infractions will lead to jail. In addition to having to spend time in jail you will be charged monetarily for custody.

Instead of attending meetings at Alcoholics Anonymous the judge may permit you to attend a private program; however this would be at your cost.

Being involved with a criminal matter carries penalties. Once convicted, or in your case a p.b.j., the analysis centers on whether there is cruel or unusual punishment. Directing you to a program such as AA that has shown its ability to positively influence the lives of unknown millions would not be cruel or unusual.

If you feel you have been convicted or sentenced unfairly or illegally then you should contact an attorney.

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Answered on 1/17/05, 8:00 pm


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