What happens when you have problems completing diversion program requirements with Miami BOT? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
Q: I am currently on the tail end of finishing the Back on Track program due to a DUI that occurred this January. I currently have the Smart Start device installed on my car, 6 month period. I had an instance a few weeks back where my vehicle locked out due to not Blowing a retest after the car was parked and I forgot to blow, thus creating a lockout. Smart Start was vague on how to report this - they said to call FL DHSMV, but I am on a pre trial diversion agreement program (BOT) ?? I would like to know who to report to, or how to explain it to Court Options. Also, was wondering if I am able to pay for the 60 community service hours required to complete the program. It's hard to balance work and school and find the time to get the hours in. Thank you for your time and assistance.
A: Chosen as "Best Answer" by Asker on www.AVVO.com
Answered . Tell your Court Options counselor what happened and don't sweat it.
Be honest and sincere and DO NOT PANIC (they can smell that like a hungry lion detects a wounded wildebeest on the Serengeti) and you should be fine.
Sadly you will not be permitted to convert. As BOT is not a court program you cannot ask your Judge (the Judge is powerless in regard to BOT); instead it (BOT) is exclusively owned and operated by the State Attorney's Office, which has absolute and unequivocal discretion as to whether to admit you, keep you or "graduate" you from their program.
The Miami-Dade SAO will not re-negotiate terms. You have 2 alternatives: Either do what precisely you signed up for or they bounce you and cram your "Acceptance of Responsibility" (your written confession - which you executed as a condition precedent to entry into the BOT program) down your throat.
Wishing you good luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less
THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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