DUI and College

[giallorossissimo]

OK so this is a bit of a story but please hear me out. A couple of nights ago my friend and I got pulled over because apparently the cop could smell the marijuana coming from my car. It turned out that the real reason he stopped us was that my insurance sticker on the plate said August so it was two months expired. The cop could tell we had both smoked and he found the roach (about a third of a joint). Anyway, I got charged with a DUI and my friend apparently didn't get in trouble because I was driving. Immediately afterwards I took a blood test which I know will be positive for marijuana because we had been smoking only like a half hour before we got pulled over, though I had no alcohol in my system. The cop also said that he will try not to charge me with possession but only with the DUI charge and that I should seek a lawyer to talk to about the ARD program. Basically, the program ,when completed, erases your record. So far so good.

The reason I'm posting this is because I'm a 19 year old full time undergraduate freshman who goes to college in New York City. I was simply back in Pennsylvania (Montgomery county) visiting family when this happened. I know that my license will be suspended for a period of time but I really don't care because I only drive when I go back to PA. My question is, how exactly am I going to be on probation when I spend the majority of my time 90 miles away? I really don't have time to go back and only do so during school holidays (in this case, Columbus day).

giallorossissimo Reviewed by giallorossissimo on 10-10-2007. DUI and College OK so this is a bit of a story but please hear me out. A couple of nights ago my friend and I got pulled over because apparently the cop could smell the marijuana coming from my car. It turned out that the real reason he stopped us was that my insurance sticker on the plate said August so it was two months expired. The cop could tell we had both smoked and he found the roach (about a third of a joint). Anyway, I got charged with a DUI and my friend apparently didn't get in trouble because I was Rating: 5

[DemoCommando]

I don't know if probation transfers from state to state. I know convictions do but if your on probation in Mass and live in NYC then I think your ok. It's not a federal charge, it's a state charge.

But I'm sort of in the same boat. I'm on probation in Cali for another 1.5 years, but I live in North Dakota now. I don't think I'm on probation here in North Dakota.

Call a lawyer, I say.

Dave

[birdgirl73]

A probationary sentence, if you were to receive one, would carry with it conditions that you could meet from your school location, most likely, because courts and district attorneys recognize the inherent safety in not interfering with defendants' schooling. If you're thinking about ARD, explain to your legal counsel and to the DA's office in Montgomery County that you go to school in NYC. I'm sure they deal with this situation all the time with out-of-state students who get DUI charges. Don't automatically assume that you'll get probation on a first offense, especially if you choose the accelerated rehabilitative disposition (ARD) program. Sounds like you're likely to get a very short license suspension and come out with a clean record at the end.

Scroll down to the ARD information on the first link for Montgomery County. The Lancaster County ARD information (second link) was far more thorough and will likely be very similar to the program offered in your county. Definitely consult with an attorney to make sure you're fully informed about your options and rights before enrolling in that program or making any other sort of plea or deferred adjudication arrangement. Good luck to you!

Montgomery County, Pa District Attorney's Trial Divisons
District Attorney: ARD

[giallorossissimo]

What do you think are my chances of being drug tested during this probation period? I don't really smoke all that much but I don't think I could handle being absolutely sober for a year.

Thanks very much for your responses.

[Oh My High]

I'm on probation for a first-time DUI. Just to give a picture of my experience, from the time of the arrest to being sentenced was two months and I'm on my fourth month of probation. I've been driving on a hardship license and fortunately have about only two more months until I get my full license back. As for reporting to probation, I happen to be on telephone reporting, which surely makes the whole ordeal somewhat easier. Should you face probation, hopefully there would be something similar.

In my four months of probation I have not yet been tested, but I have eight more months. Two people (out of 30) were tested at my probation orientation and random testing is a general condition of probation for everyone, at least here in Florida. I was told that probation officers have caseloads of over two hundred each, at least where I am. But you never know how many people get tested per month, so the statistics are impossible to crunch. The best thing to do is simply not smoke. How much notice is given for a test will vary between jurisdictions but it's very short. If I was called upon, I'd only have 24 hours. I've stayed clean because the risk is just not worth it.

I'm just like you; I was a moderate smoker but one year of sobriety feels so unbearable. I've thought about waiting until right after I get tested, should I get tested, and then depending on how far into probation the testing occurs, decide whether to keep it clean or ease up a little, but that's playing with fire. Ironically, the best way for them to keep me clean is to not test me at all.

Cheers.

[birdgirl73]

What do you think are my chances of being drug tested during this probation period? I don't really smoke all that much but I don't think I could handle being absolutely sober for a year.

Thanks very much for your responses.

That's a question for the DA's office and the court that gives you any probationary sentence. I should think it's fairly likely, considering that you were busted for DUI/cannabis instead of alcohol, but no one here can really provide you with accurate information. Only guesses.

[naturelovinpuffer]

Request for a out of county leave and take it from there, talk to the judge. if you have a clean record then you should be fine

[stinkyattic]

Even 'supervised' probation may allow you to simply mail in monthly reports to your PO. It depends upon the conditions of your probation, and your attorney will hopefully be able to talk to the DA about making them easy for a full time out of state student to follow, because by no means do they want to ruin your college experience over that.

[darkside]

you could have avoided all this by not consenting to the blood test. never ever ever allow police to give you any kind of drug/alcohol test. they claim they will go easy on you if you cooperate, but what they really are doing is getting you to confess and give them the evidence they need to charge you with a crime. i hate to see people go down for stupid shit.