Legal Question in DUI Law in Michigan

my probation requirements for a felony dui are so time consuming my employment is jeopardized... can I file for a change?


Asked on 10/04/09, 7:19 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

File for a change in .... probation requirements?

Yes. But you should talk with your probation officer about these scheduling issues. Maybe you can work this out without a court hearing.. If you cannot come to an agreement, you and your lawyer should file a motion with the judge.

Don't ignore the problem. You may be between a rock and a hard place right now, but the judge and probation officer WANT you to succeed. The judge took a chance on you by granting you probation rather than jail/prison time. OWI 3rd cases usually involve people with a myriad of life issues, not the least of which is a substance abuse issue. But even if that's the only issue, it takes time and effort to combat and overcome it. Counseling, PBTs/drug drops, visits to the probation office and maybe even the judge's courtroom, etc are usually part of the mix. Throw in community service or other tasks ... and trying to work ... and your plate is full. Your job is a personal priority for you and is also important to the court. But all the other probation terms that are trying to prevent you from relapsing again are even more important.

In the end, if you put your job ahead of your probation terms, the judge will probably shift from a rehabilitation-oriented sentence to a punishment-oriented sentence ... anf you are facing up to 5 years in prison.

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Answered on 10/09/09, 9:54 am
Daniel Hajji Daniel Hajji & Associates

Yes, you can file to modify or terminate your probation. Try not to do it alone unless you know the law and procedures very well. Contact Attorneys of Michigan at (888) 484-9349 if yo're in the southeast michigan area.

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Answered on 10/11/09, 6:30 am


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