Legitimate Reason To Terminate Probation Early
Most DUI probations are three to five years. In my experience, the three-year probation term is usually used in California in most courts, particularly in Los Angeles-related DUI offenses.
If it's a serious offense, it will usually be five-year probation. However, a new law on January 1st, 2021, will be directly against legislative law, saying that a typical DUI probation is three years.
As far as trying to get your probation reduced, a motion would have to be filed with the court, and the court would have to assess whether or not some facts and circumstances warrant early termination of probation.
Whether the district attorney's office or the city attorney's office, most prosecutors will argue against terminating somebody's DUI probation early.
They argue that the legislature has explicitly indicated that:
- DUI probation should be three years, and
- the court would violate the legislative law if the probation is reduced.
The bottom line is that if you can come up with a legitimate reason to terminate your probation early, the court will hear it.
If you have a good attorney who can make the argument, the court will rule on it, and typically judges are reasonably fair.
If you don't want to be on probation anymore, you're probably not going to have a perfect chance of getting it granted.
If you have a good reason, you want to go into the army, and the military will not allow you unless your probation is terminated, you have a better chance of termination.
Getting Arrested for DUI While on Probation
What Happens If Someone Violates Their Probation Specifically If They Get Another DUI While On Probation In Los Angeles County?
I deal with many probation violations related to DUIs in Los Angeles criminal court. Unfortunately, you're probably looking at some:
- jail time, and
- extended probation.
It depends on the violation. Internal violations are when you violate one of your probations' terms and conditions. For example, they say to refrain from drinking alcohol, but you are caught drinking. They tell you to do your alcohol program, and if you fail to do it, you miss many classes, which's also an internal violation.
An example of an external violation would be picking up a new DUI case. That puts you in the position to go back into court for a new case.
If you violated your DUI probation, you would likely be sent to the court where your case is pending for probation, and the judge could punish you up to the maximum sentence.
Combining Driving Under the Influence Cases in Court
If you end up in the same court for the new case and some probation cases, they'll combine the issues and deal with them.
If you have a case in another court in Los Angeles County, they will combine those probations or, sometimes, they'll deal with the issues separately.
If you have a new case in Los Angeles and are on probation in a different county, they may not always find out. It depends on how vigilant and diligent the probation department is in that area.
If you picked up a new case and you're on probation in Los Angeles County, pick up the phone. I've handled these cases for 27 years.
I've seen much success, thousands of DUIs, and I could often keep you out of jail depending on the circumstances and how we approach things.
Hedding Law Firm is located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0963.