Legal Question in DUI Law in Michigan

Hello. I am on probation for an owi in Michigan. This is the first and only thing that is on my record. I have done 8 months of probation. I have attended all classes, done all community service. I have also never failed a drug or pbt. I just paid off the rest of all my fees. I see my probation officer on Monday Dec. 3rd. I am supposed to be on probation until April. I was wondering if there was a chance I could be done with probation on Monday? Also, do they let people off very often in December because of all of the holidays comming up, or does that not matter. Thanks.

Asked on 12/01/12, 9:53 pm

2 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Good for you - everything done. Yes there is a chance, however, it likely wont be that early. Definitely ask, and depending on your probation officer's response, you may wish to petition the judge for early termination. For example, if your PO says he will likely terminate you in a month, then see what happens, and if he changes his mind for no reason, or says there is no chance of being terminated prior to April, then petition the judge. You ideally you want to have the support of your PO when asking the court, as the judge relies heavily on your POs opinion when making such a decision.

All POs, judges & courts are different, so dont go by what a friend says if he/she was on probation for the same thing. Also, if your PO says no, she wont completely terminate now, perhaps she will reduce your requirements, such as frequency of random testing or attending AA meetings for the next month, and then terminate.

The fact that it is the holidays would more likely work against you, since that is when a lot of people party, drink & drive, and do other things to get in trouble. However, everyone knows its a big pain to be on call for random testing during the holidays, as you have to test on xmas day and around new year's. So if you're not terminated yet, definitely be careful during the next month and do not screw up - you've come too far.

Regardless of what happens on Dec 3, keep up the perfect record, as it will never hurt you, and prevents your probation from being extended, or revoked & then jail time, more fines, etc.

Good luck.

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Answered on 12/01/12, 10:08 pm
William Morrison Action Defense Center

" do they let people off very often in December because of all of the holidays comming up,"???


Just by asking your probation officer that question would make your early termination unlikely. After the holidays, when many probation violations occur, is a better time to make the request.

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Answered on 12/02/12, 1:04 pm

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