DUI Violation of Probation Resolved for Time Served

By |2022-03-28T17:37:57-04:00March 28th, 2022|Categories: Success Stories|

Facts:

My client pled to a DUI in September, 2021. He did not use my firm as his lawyer. After the plea, he left the state of Florida for medical reasons. He did not complete any of the conditions of his probation. In December, a warrant was issued for his arrest by Judge McKyton for the DUI violation of probation or VOP. The warrant carried no bond. This meant, that he had to be held in the Pinellas County jail until he got bond or his case was resolved.

He came back to Florida in early March 2022, was quickly arrested on the warrant, and held in jail.

The Plan:

His family reached out to me three days before the pre-trial hearing in front of the judge. They expressed concern about his health and wanted him out of jail. Fortunately, they had the funds to help him out. We came up with a plan to pay off all of his financial obligations. This meant they had to pay his fines, court costs, probation fees, and buy out his community service hours. They did that immediately. All that was left to do was DUI school and the 10-day vehicle impound.

The Case:

I went to court fully prepared with the receipts of the payments and the medical records showing his condition. I approached the bench and spoke to the prosecutor and the Judge. I explained to them about his medical condition and the reason he left the state. I also explained that he no longer had a car. Everyone understood that a time served disposition was the right thing to do. We also realized that he should no longer be on probation.

The Judge decided to waive the impound of his car. She allowed him to admit that he violated his DUI probation and D6ed (liened) the DUI school. She revoked and terminated his probation and let him out with time served disposition.

He was out of the Pinellas County jail by that afternoon and no longer has to do probation. If he ever wants to drive again, he will need to complete the DUI school and clear the suspension.

My client and his family were very happy with the plan and the result.

Sean McQuaid