Question: I'll give you some facts for my DUI case. I have just about always lived in Cherokee County. I've lived in Marietta and Woodstock. I went to Reinhardt University in Waleska and when I got hurt playing football I went to Northside Hospital Cherokee. My favorite Bar-B-Q restaurant is Williamson Bros. in Canton.
The other night I had a fight with my girlfriend and I left the house after I had been drinking some tequila shots and growler beer. I know that I should not have left, but I really needed some fresh air and I thought she was going to smack me. I drove not more than a mile when I got stopped. The cop arrested me for DUI and speeding and took me to the jail.
My question has to do with probation. If I get a job in Florida selling boats with my uncle then I will have to move to Fort Lauderdale. And if I move I really won't be able to afford to come up to Cherokee for probation. I was on probation once for pot in Canton and I had to meet my probation officer at least once a month. Is there any way that I don't have to do probation, assuming that I get convicted of my first DUI?
Answer: If you are convicted of or plead guilty to DUI, probation is mandatory. State law explicitly provides that you serve probation. However, if you need to move out of state, your probation can become what is referred to as “call-in/write-in,” as long as that is approved by the court and the probation officer. That way you do not need to appear each and every month in Cherokee, but you can “check-in” via the phone or Internet.
We have handled many DUI cases for non-Georgia residents where probation either starts off as call-in/write-in or it becomes that due to a move out of state. You will want your attorney to negotiate that at your court date.
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