Legal Question in DUI Law in Tennessee

Son was arrested in 2006 for DUI and was given probation. In 2010 he was rearested for not completing his probation and given 11m 29d. Can this be re addressed anyway?


Asked on 6/24/10, 10:40 am

1 Answer from Attorneys

Yes, but the best time to "readdress" it is the Violation of Probation hearing, and it seems as if that time has already passed. If he is serving a sentence, he can petition the judge who sentenced him for reduction of sentence, asking to be put back on probation. He can ask that once every two months:

T.C.A. �40-35-314. Confinement in local jail or workhouse -- Eligibility -- Jurisdiction of sentencing court -- Transfer for violation of jail rules.

(a) If confinement is directed, the court shall designate the place of confinement as a local jail or workhouse

...

(c) The court shall retain full jurisdiction over the defendant during the term of the sentence and may reduce or modify the sentence or may place the defendant on probation supervision where otherwise eligible. Following the first application, applications to reduce or to alter the manner of the service of the sentence may be made at no less than two (2) month intervals.

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Answered on 6/25/10, 9:05 am


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