Alcohol & Drugs: DUI, DWI Motion to Amend Probation Condition?

[cassandra75]

My husband was arressted on a Felony DUI, it was his 1st DUI BAL .147 but also a cannibis charge 20grams or less and poss. of Amphetamine(thats what made it a felony). He did 3yrs probation w/a 18months ET paid all the fines did the classes now all that is left to get his license back is the interlock device. Now he has to do 2yrs of this this was his first DUI and according to fl statutes if BAL under .15 on 1st dui the interlock is not required. We cannot afford to have this device and we have only one family car, his work requires him to drive. We were never informed by our so called lawyer at the time that we could get help with this by some of the court fines being alotted for it. His lawyer told him not to come to any of the court hearing on his case he was almost rearrested 2x (capias ordered by judge) because lawyer wasnt showing for court either and now the lawyer doesnt practice in this area or not at all anymore and there are 14 complaints against him with the bar association. How do I go about filing this motion to amend probation condition? do I need a lawyer? Thank you

 

[army judge]

No, you don't need a lawyer.
Your husband needs one.
Forget about blaming the old lawyer, your husband had the dope and blew the .147.
That .147 is rounded up to a .15.

You'd be wise to do what the court ordered.

If not, he'll just get drunk and do it again.

Your husband has a problem.

If you want him to get better, the device will be part of him not drinking and driving.

 

[CdwJava]

He can either abide by the court's ruling or he can go to jail. And all because a device may not be "required" it is probably still permitted as part of the sentencing.

So, either install the device, or hubby can go to jail. Or, perhaps he can be removed from the registration and never be permitted to drive the car, you can assert he is never driving the car, and he takes the bus or a cab to work, and MAYBE the court will let you get away with not installing the device.

 

[cassandra75]

Okay Thank you, he no longer has the problem this was 4yrs ago this happened and before we married he stopped the drugs and is a recovering alcoholic, im very proud of the how well he is doing. I am fighting this because we are poor and can't afford it and children to support. I guess in many people eyes people don't change I don't feel that way. And he hasn't driven in 4yrs since his arrest abiding by the law. Thanks for the advice

 

[CdwJava]

If he has not driven, take his name off of the registration and find out if that might change the requirement. I doubt it, but it might.

But ... you wrote in your first post that "his work requires him to drive." Now you write that he has not driven in 4 years ... which is it?

 

[cassandra75]

He has not driven yet he makes $9.00hr right now and is considered a helper but if he gets his license back then he will be able to get a a raise and get his own truck. Right now he rides with someone else. He isn't on my registration or the title of my car. What it comes down to is that it is what it is and he is gonna have to do that and we understand that. He knows what he did was wrong and isnt saying that he should be w/o punishment. We are a struggling family trying to move on from a stupid mistake he made and make something better of himself. We have talked about it in the last 2days and we have just decided we are gonna start saving as much as we can right now $5.00 here and there and in July we are gonna try to get this installed and get the license back then. We have no choice. He has cooperated in every other way with the court for what he has done and pd all his fines now he just has to make it through this last step to put it all behind him and hopefully we will be able to stay afloat in the mean time. Thanks for all the advice

 

[JustWantJustice]

Eeek, you are in Florida. That is not the state to get into trouble, esp for drugs or DUI. Florida is extremely hard on DUIs.

I did not know that .15 BAL is considered an extreme or felony DUI. Wow, can you believe that used to be the legal limit?

I think you're doing the right thing. Just give them what they want, make sure he never, ever goes near the car if he's had anything to drink, and try to get over this. If you get started now, it'll be over in a couple of years.