I got a call from a gentleman who says he is on the DIVERT program and wants out. Says his lawyer never went over any of the paperwork with him and basically told him he had to take the DIVERT program. He told me that he already told the probation officer he is not going to obey any of the requirements and he wants to be off. He told me he will not do anything and just wants to go back to court and fix it. I told him I’d be happy to represent as soon as he hears something about revocation from the DA. I’m very interested in this.
Man wants out of DIVERT Program
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I wish I would have done more research when I was initially given the option of the Divert program. But I trusted my attorney who should know the law and was giving me sound advise. I am 1 month in to the program after my arrest in January but find the requirements of the program to be difficult and challenging. I am a working professional but only live on an average income that does not afford me much outside of my daily living expenses. I’ve recently had to give up living on my own (at age 36) and move in with someone and sell most of my furnishings to pay for my attorney and cost of the program. This is also a HUGE inconvenience and risk when it comes to my job. I am having to hide the ignition interlock camera and breathalyzer from co-workers since we are parked in a garage in close proximity of one another. The time off of work to check in with parole officer, sign up for community service, court dates (that were reset at least 4 times, once because my attorney didn’t bother to show), having the interlock put in, checking with bail bonds etc. I’ve recently had to disclose to my boss why I need off so much and hope this does not jeopardize my job considering all of the time off and late days of coming in.
I do understand there is a consequence to be paid and I am ok with paying it. However I am not a drunk, alcoholic or a user. I simply made a mistake by driving over the legal limit. I have an occupational license to get back and forth to work but still find it VERY difficult to make some of the AA classes, treatment classes etc when they are typically out of my drive time. This puts a strain on people around me since I have to find ways outside of myself to make these requirements and have no family support in Texas since I have only lived here a short time. This program not only effects the person with the DWI but those around them as well. Not to mention that I do not feel this was efficiently explained in detail other than my attorney reading over the court paperwork for the program AFTER it had already been decided. The cost keeps mounting up, how do those who only make an average income afford this??? What other options do I have? At this point I almost feel it would have been better to go to trial or just plea guilty since my life has been turned upside down. With the degree of difficulty of this program I feel it is almost a set up to fail! The county makes money and with no regard for the individuals life who is going through this.
Reading the comment above is scaring me. I just started with the DIVERT program. I have my orientation tomorrow and I already have the interlock in my car for about a week.
To start off my attorney never gave me a sign copy of my agreement and I’m having problems getting one. I called and left a message with someone with the DIVERT program, but have not received a call back. Second, is the interlock. Ok, I understand that I have to breath in it to start the car, but it goes off all the time when I’m driving. It’s a little difficult to try in get off the freeway to a safe spot and breath in it. Today when I pick up my son after work, it beep 7 times on my way home. I live 15 mins from where I pick him up. I feel like I pay more attention to the machine, then the road. I’m scared that I might miss hearing it go off and lose points. Third, is the wire that is attach to the interlock. It runs right across my foot when I’m driving. I’m costantly moving the wire from the area. I’m scared that its going to get caught on something and cause me to wreck. The way the interlock was put in and how the wire hangs; it’s not save.
I haven’t started paying any fees yet, just the $202 at the begin. To get in the program. I truly hope it’s not that bad. I’m trying to be positive about this and keep my head up, but it is a little difficult.
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