What is a DUI VoP?
A DUI VoP is technically where you have been charged with Driving Under the Influence, you have gone through the court system, you are now on probation normally up to 11 months, 29 days of probation. And sometimes during that 11 months, 29 days of probation, you violated your probationary requirements.
Now the easiest one and the one that we see the most is driving on a suspended license. Because you’re obviously trying to get to work and the cop pulls you over for some minor issue and you have a suspended license. And now you’re in trouble.
Because what happens is, you are agreeing when you go on probation to not get arrested during the term that you’re on probation. If you do, we call that a new law violation. Now it used to be, back in the ’90s, if you are a really good person, the probation officer might not violate you.
Those days are gone. They are gonna violate you at every county in Northwest Florida, I would say 99% of the time. Every now and then, I see one slipped through without a violation. It is almost impossible now.
If you get arrested for anything, I don’t care if it’s illegal sports fishing, it could be anything. Shop lifting. You are going to get a violation of probation.
Now here’s the bad news. The bad news is that a VoP is a new court basically case. What they’re going to do is re open the original charge which is a DUI charge. And you get to go back it into court in front of the same prosecutor in the same judge.
This is not good. Because what happens is, is they already know you from the previous case. Now, they’ve let you off with probation instead of jail. That’s what the judges think. And I can understand that logic. Is we’ve given you this chance and you spit in our face by going out and getting arrested again. They don’t like that.
The other horrible thing about a violation of probation is you are not entitled to a jury trial. It’s not like a criminal charge where they have to prove beyond the reasonable doubt all the prosecutor, and the probation officer have to prove. It’s that it’s more likely than not, you did something wrong.
Now let me give you an example of why this is so dangerous. I have cases where I’m representing somebody on the DUI. They did go on probation and then they get another DUI while on probation. Either in another county or same county.
I have had new worst cases. Where I have gotten the new DUI in the new county dropped. It was a bad arrest. The officer should have not done it. That doesn’t mean that you’re going to get off on the violation of probation. Because the new DUI charge has to be proven beyond the reasonable doubt. Which is very tough.
That’s what the state have to prove. If they can’t prove that, and we can’t get that charge dismissed, this prosecutor in your old DUI case only has to prove that it was more likely than that, you were doing something wrong.
Trust me, if you have a violation of probation, you need to call my office right away. Because you’re going to get an arrest warrant issued. You’re going to have to go turned yourself in, and then we have to figure out whether or not there’s going to be a bond on that arrest warrant.
Because you could be sitting in jail for a while, hopefully there’s a bond on there. We can get you bonded out. And then you’ll get a new court date and we start this process of the VoP.
So if you find yourself charged with a VoP from a DUI, please give my office a call right away. We offer free consultations. We can walk you through the specific facts of your case. And also, more importantly, what judge are going to be in front of because that make a big impact on what’s going to happen. So give my office a call today. We’ll be more than happy to help you out.