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Texas Parole, Probation, Work Release & Community Service All information & questions relating to parole, probation, work release & community service in the State of Texas should be posted here. Also found here is information in creating Parole Packets, discussion of Parole Attorneys, etc.

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Old 08-12-2012, 02:19 AM
deerhunterswife deerhunterswife is offline
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Default On Probation in Texas, got dui in Oklahoma

My son is on probation in Texas & got a dui in Oklahoma last night. He was found lying in the middle of the road non responsive, the car was in the ditch, his paycheck & cell were gone, he told us somebody ran him off the road he got out & got knocked in the head. He tested positive for marijuana. Can anybody help in telling me if he faces probation revocation in Texas for a dui in Oklahoma? He would be facing 22years! I could use any/all advice. Also since he was not actually behind the wheel can they push the dui? They can't prove he was driving! He did NOT go to jail, he was transported by ambulance to the hospital.
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Old 08-12-2012, 05:32 AM
CenTexLyn CenTexLyn is offline
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There are multiple issues there that could be used to support an intoxication-related offense. And yes, the mere arrest in Oklahoma can be used to revoke probation in Texas (or any other jurisdiction). However, more likely is that he will be continued on supervision until the Oklahoma charge(s) are disposed of.

Unless there is someone else who he is willing to claim under the penalties of perjury (not to mention additional charges of filing a false report) that there was someone else driving his vehicle and that they fled the scene, his presence near his vehicle is generally sufficient to establish the operation...and the positive test for marijuana after he got to the hospital further establishes impairment (since marijuana is ALSO a substance that allows conviction on DUI/DWI).
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Old 08-12-2012, 06:30 AM
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Sheryl P. Sheryl P. is offline
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No advise just a hugg for you and prayers for your son.
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