After being convicted of a New York DWI offense, the court will often sentence the defendant to a period of probation. When the court puts someone on probation, it may add certain conditions to the defendant’s probation. If a defendant fails to comply with these conditions, it may constitute a violation of their probation, after which the court can then re-sentence the defendant.
In a recent decision issued by a state appellate court, the issue of whether the defendant’s actions violated the terms of his probation was at issue. According to the court, the defendant was convicted of a drunk driving offense and placed on probation. As a condition of his probation, the court ordered the defendant to install an ignition interlock device on any vehicle he planned on driving. The court also included a condition that the defendant was to allow probation officers to enter and inspect his home.
Evidently, the defendant’s probation officer visited the defendant’s home, asking to come inside to inspect the location. The defendant did not allow the probation officer to come inside. It was also discovered that the defendant had not installed an ignition interlock device on his ex-wife’s car, which he regularly used. The defendant was found in violation of his probation, the trial judge revoked probation and sentenced the defendant to a term of incarceration.
The defendant appealed the court’s decision to find him in violation. While the court did not elaborate on the testimony at the hearing, it appears that the defendant admitted he denied access to the probation officer. The court also noted that the trial judge is afforded great deference in assessing the credibility of witnesses. By including this analysis, the court was likely implying that there was evidence presented (either through the defendant’s testimony, or some other source) that contradicted the probation officer’s version of the events. However, for whatever reason, the court hearing the violation hearing found the probation officer’s testimony more credible.
The court also included the fact that, shortly before the defendant’s violation hearing, he was arrested for another DWI offense while driving his ex-wife’s vehicle. The extent to which this played into the court’s decision is unclear; however, the court at least found the information relevant enough to include in its opinion.
Have You Been Convicted of a DWI and Face a Violation Hearing?
If you are facing a violation hearing for violating the terms of a New York DWI offense, the dedicated criminal defense attorneys at the Law Office of Mark A. Siesel can help. As experienced New York DWI defense attorneys, we are intimately familiar with the common conditions of probation imposed on those convicted of drunk driving offenses. Through our aggressive advocacy, we ensure that our clients’ rights are upheld throughout the process and will vigorously defend against any allegations brought by police or probation officers. To learn more, and to schedule a free consultation to speak with an attorney today, call (914) 428-7386. You can also reach us through our online form.