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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,… Scroll down to read more!

August 3, 2015 / Michael A. Haber /
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


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2 lawyers agreed with this answer

Gregory L. Olney II
Gregory L. Olney II
Criminal Defense Attorney – Saint Petersburg, FL
Fred Wallace Woods Jr.
Fred Wallace Woods Jr.
DUI / DWI Attorney – Greenville, SC

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Best Answer
chosen by asker
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
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Asker
Posted about 3 hours ago.
Amazing answer, thank you sir !!! I followed up and said it was nothing to worry about, thus no fear. Thanks again.
Michael Adam Haber
Michael Adam Haber, DUI / DWI Attorney – Miami, FL
Posted less than a minute ago.
I’m glad that I could help. And thank you very much for the +++ feedback!
Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”.

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1







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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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
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12555 Biscayne Boulevard, # 893
North Miami, Florida 33181
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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017

  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016

  • positive review  Michael is the person to call when you need help or advice! He understands.

    Lloyd Goradesky Avatar Lloyd Goradesky
    January 11, 2014

  • positive review  Outstanding legal scholar!

    Aj Daoud Avatar Aj Daoud
    December 21, 2013

  • positive review  Michael has helped my family and I on a few occasions and the results were excellent, he represents his clients with the utmost respect and professionalism.

    David Schindler Avatar David Schindler
    August 12, 2013

  • positive review  ABSOLUTELY Michael. Your my second favorite Lawyer behind my cousins Law firm in Brooklyn. The Berkman Law Firm.

    Andrew Scott Wasserman Avatar Andrew Scott Wasserman
    August 11, 2013

  • positive review  Interesting and Informative

    Debbie Molinaro Avatar Debbie Molinaro
    July 20, 2013

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