Alcohol & Drugs: DUI, DWI Petition for Relief of Probation Requirments

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My son got a DWI, well deserved and taken VERY seriously. He entered a program through the VA before even going to court. The court accepted his treatment at the VA as required education and gave him favorable conditions if he plead. He did. However, the probation department has ignored the VA treatment and has required several classes, which were not even on the same level as the VA. He complied. They told him he had to do 6 months of breathalyzer. He did. But this is where the problem came up. The machine malfunctioned after the time change. He blew when instructed and the time in the machine was wrong. The company admitted the problem and reported it to the PO. It went on for less than a month, but the print out did show that he missed on too many occasions. Now they are requiring he do another 6 months on the breathalyzer. It is his first DWI and the terms are punitive mostly because he lives a distance from the county where this occurred. They have required he drive 4.5 hours each way to go to the PO in that county. Mostly this about money as it costs to keep that machine and he has paid for all of the classes they required, paid to get there when they required it (even though he had a PO in the county where he lives), he paid for all of his fines and costs all while being under employed because of his lack of license (which he has back now).

How do I petition the court for relief? I am familiar with writing legal documents and I know he can petition pro-se. Just need a bit of help with the crafting of the document.
None of these were ordered by the court. It was all from the PO. He has complied with and completed everything that the court ordered. He has picked up the in home breathalyzer, but it is costly and he would like to be done with it.
You'll get nowhere without a lawyer.
No judge is even going to read anything you send her or him without a hearing in open court.
It's not about a typed pleading.
It's about an oral argument on a motion to terminate his probation.
Based upon the information you posted, it's very unlikely he'd ever get his probation terminated early.
It's quite likely he'll get his probation extended based upon recommendation of the probation office.
He might even get his probation revoked.

Here's a free legal tip from a Texas licensed attorney, me.
Don't start blaming the device for failing to report as directed, unless you have phone logs,police reports, and other evidence to substantiate the alleged failure.
Even if its true, you won't be believed.
That ship sailed months ago, assuming it actually happened.
To prove it happened it'll take far more than just saying it happened.

Talk to a lawyer, or wit until the state files for revocation.
Then he can request a state funded public defender.
Beware, revocation hearings are far less burdensome for the state to prove their assertions than a criminal trial's proof.

My suggestion, do EVERYTHING the PO asks.
If the equipment malfunctions report it immediately to equipment manufacturer/provider, the PO OFFICE, the local police, take pictures, obtain other proof, and don't try to drive the car without the interlock being operable. Also report the malfunction to your lawyer. Take video proof and pictures showing the malfunction, use a newspaper or other proof to indicate the date and time of the malfunction.

You rarely beat these charges, using words.

It requires money, lots, and lots of money for great lawyers and technical experts to prove these devices malfunction. No one believed you when you got popped, no one will believe you after you were convicted.
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