Defendant Disregards Dui Accident Probation & Rearrested

The Charges

The Defendant served a 12-month probation sentence for a DUI with Property Damage conviction. The Defendant violated the terms of his probation during that 12-month period. For 2 consecutive months, the Defendant failed to report to his probation officer and was behind on his monthly probation fee payments. The Defendant’s Probation Officer requested bond revocation and a warrant for the Defendant’s arrest on a charge of Violation of DUI Probation.

Probation for DUI in Florida

Probation is given in Florida for first-time offenders of DUI as a mandatory sentence.  Under this probation, there may be several implications. Probation length will depend on the jurisdiction the offender is in.   Probations usually entails meeting with a probation officer on a monthly basis and fees for the cost of the probation, along with fines.   The offender will also need to take a DUI course, do community service for a set number of hours, have an alcohol and substance abuse evaluation, and then following up with any treatment plan recommended by the evaluation.  Mandatory attendance of AA meetings or NA meetings may be a requirement of a DUI probation. Holding down a job, submitting to random drug and alcohol testing, and supporting your dependents to the best of one’s ability are common conditions of DUI probation under Florida law. 

Bond Revocation

Bond revocation occurs when an offender fails to comply with his bail agreement.  If bail is revoked, the defendant has the right to argue against it and explain their behavior. 

It is common in Florida to have a bond revoked if the offender violates terms of the bail, fails to appear in court, jumps bail, commits additional felonies, or leaves a set geographic area. 

Failure to Repay Probation Fees

Failure to repay any probation fees will put the offender in arrears.  A probation officer can then violate you. A probation officer can take the offender into custody and the court will look into your ability to repay the probation fees.  

When an offender is unable to pay any probation fees, it is up to them and their attorney to be able to prove why they were unable to pay.  Under Florida statute, the state does not need to prove that the defendant was able to make the payments. It may be possible that the defendant proves that they were trying to repay the debt, whether it be looking for employment or selling assets currently in their possession. Documenting monthly expenses can allow the judge to see why one was unable to afford monthly payments and helps to better explain the situation. 

RESULT: The Defense filed a Motion to Set Bond in an effort to release the Client from jail. The Defense Attorney successfully proved to the Court that the Defendant was not a flight risk and the Client bonded out. At the hearing, the Defense argued to the Court the Client’s efforts to complete the terms of his Probation sentence. The Defense Attorney entered into heated negotiations with the Prosecution, Probation Officer, and the Judge. The Judge REVOKED the violation charge and TERMINATED the Client’s remaining DUI Probation.