Alcohol & Drugs: MIP, MIC, Intoxication probation violation?

[worry09]

My jurisdiction is: New York

Okay, my fiance is on probation, has been for three years, and has made not one mistake. The other night, we got into a fight and he did the stupidest thing ever. He had just a few beers, got pulled over and blew a .08. Does anyone know how his probation officer will handle it? Will he violate and have to serve his original sentence or will he be able to do something (anything) else to avoid the jail time?

Thanks!

 

[raskalnikov]

The Judge will make the ultimate decision. Was he on probation, or parole?

When he was sentenced, the Judge may have "suspended sentence" or basically, told/written to him that if he violates probation he'll have to serve an amount in jail.

He should consult a criminal defense attorney, ASAP. .08 is right on that border line.

 

[worry09]

He was on probation. It's up to the judge? We thought it would be up to the probation officer whether or not to violate him.

Thank you!

 

[lawfirms09]

There has less chances to avoid himself from jail but it's up to judge what he will take decision. But surely it's could not happen.:no: