A violation of probation has to be proven beyond a preponderance of the evidence at an evidentiary hearing. Even if a person is found not guilty at a trial with a new law case, the same facts of the new law case can be used at an evidentiary hearing for a violation of probation, which has a lower standard than a reasonable doubt. If the person wins, their evidentiary hearing, then their probation is reinstated.
Answer Provided By Lee A. Cohen / Lakeland, FL Criminal Defense Attorney
On the surface, one would think that if you have a Blood Alcohol Level under 0.8%, you will not be arrested or face a DUI criminal charge. While 0.8% may be the numeric statutory standard, if the officer deems that you were too impaired to safely operate a motor vehicle, you may still be arrested and charged with a DUI. Florida Statute 316.193 (1) and (1)(a) specifically identifies "Driving Under the Influence" of alcoholic beverages, chemical substances, or controlled substances; and if the driver while "Under the Influence" the driver is affected to the extent that the person’s normal faculties are impaired, the individual may be arrested and charged with Driving Under the Influence.
Answer Provided By Ricardo Alvarez / Lakeland, FL Criminal Defense Attorney