Legal Question in Criminal Law in Michigan

Re: Motion to suspend remainder of probation

Although it is very helpful if your PO is in concurrence with the motion it isn't neccesary to move forward. Please feel free to contact us at The Michigan Legal Team, PC to discuss further.

Call anytime toll free at 877 MICH-TEAM anytime.

Eric I. Kutinsky, Esq

Re: Motion to suspend remainder of probation

While you have a right to request that the judge grant you an early termination from probation (with or without your PO's concurrence), you do not have a right to have the motion granted. It's all within the judge's discretion.

Frankly, a 7-month probation period for drunk driving is not very long, even if you have jumped through the to-do list hoops so far. Part of society's benefit for you being on probation is having your life and activities supervised by a court that has the authority to sanction you for certain unacceptable behaviors. One issue is whether you can maintain your sobriety. The original 1-year probation period is within the generally-accepted definition of "sustained recovery" from an addiction (which requires a FULL YEAR of complete abstinance).

Pardon the judge's (and the public's) skepticism that you will no longer endanger the innocent traveling public without first seeing that year's worth of sustained, acceptable behavior. This is even more important with the holidays arriving, since "social drinking" by folks with a proclivity to over-do it is heightened with all the holiday parties. I have even known judges to order house-arrest for some OWI defendants, and early New Year's morning PBTs to prove they are sober.

You lost the public's trust, and you have to gain it back. The 'inconvenience' of probation is a trade-off for a greater inconvenience: an extended stunt in jail.