Violation of DUI Probation
Under Florida Statute 316.193(5) and 316.193(6)(a), if you enter a plea to DUI, then the judge is required to put you on monthly reporting probation for at least twelve (12) months, although the court can allow for the early termination of that probation.
Some judges for Tampa DUI cases may allow "automatic" early termination as soon as all special conditions of probation have been completed. If you enter a plea of guilty or no contest to DUI charge, then your goal should be getting off probation as soon as possible.
Being on probation means that something could go wrong and your probation officer could allege that you violated probation. That allegation might result in the judge signing a "no bond" warrant for your arrest.
If you think the probation officer will allege that you violated probation, then contact an experienced criminal defense attorney as soon as possible.
Attorney for Violation of DUI Probation in Tampa, FL
If you violated your DUI probation, then contact an experienced criminal defense attorney at Sammis Law Firm in Tampa, FL. We can help you decide how to come into compliance with your probation before the warrant is issued.
If the warrant has already been issued, your attorney might be able to file a motion for your surrender in the courtroom so that you do not have to go into custody. During the motion to surrender, the court can decide whether to give you any relief.
The best results come from having a good plan to come back into compliance with all of the terms of probation so that you can show the judge that you will be able to successfully complete the probation. Once you are in compliance, your attorney can ask the court to just terminate the probation so that nothing else can go wrong.
Call us at 813-250-0500 to discuss any VOP in a DUI or wet reckless case in Tampa or Plant City, FL.
Violation of Probation for DUI
The conditions required for even a first DUI in Tampa, Hillsborough County, FL, are burdensome and expensive. Not surprisingly, many people violation probation because they fail to complete a certain condition within the time allowed.
Even if your DUI was reduced to reckless driving, you were probably sentenced to most of the same conditions that are required for a DUI conviction. Either way, once the probation officer alleges that you failed to complete a certain condition within the time allowed, then the probation officer will submit a report to the judge which typically asks the judge to issue a warrant for your arrest.
After the probation officer alleges that you violated probation, the judge typically has four choices:
- issue a "no bond warrant" for your arrest;
- issue a warrant for your arrest but allow for a bond;
- issue a notice that requires you to appear in court for a probation hearing (without an arrest); or
- decide not to take any action on the report.
Motion to Surrender on DUI for Violation of Probation (VOP)
The most common scenario after a violation of DUI probation involves the judge issuing a warrant for your arrest. If a "no bond" warrant is issued, depending on the particular facts and circumstances, your attorney might be able to file a "motion to surrender" that allows you to see the judge to ask for the warrant to be withdrawn.
Filing a motion to surrender is particularly helpful in cases in which you are able to immediately come into compliance with the terms and conditions of probation.
This article was last updated on Friday, September 7, 2018.