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What If I Get a 2nd DUI While on Probation For My 1st DUI?

Posted by Ronald D. Hedding | Jun 17, 2019

When you pick up a second DUI while on probation for your first DUI, you violate your probation and will be subject to punishment for the probation violation and the new case. In every criminal case, when someone is placed on probation, part of the terms and conditions of the probation is that they must “obey all laws.”

Suppose you pick up a new matter that constitutes an external probation violation. You are subject to up to six months in jail for the offense and one year for the probation violation. If you violated one of the terms and conditions of your probation (fail to complete your alcohol program, for example), this would constitute an internal violation of your probation.

The above scenario is a tricky area of the law because several different issues pop up. Suppose both the violation of probation and the new case are in the same courthouse. In that case, there is a high likelihood that the court will figure out that you have potentially violated your probation and put both cases together to be dealt with.

If, on the other hand, the two cases are in different courthouses within Los Angeles County, then it is not necessarily true that the court you are on probation to will figure out that you violated your probation. Also, if your probation is close to running out, you may have a chance of no probation violation.

If your probation runs out before the court revokes it for the violation, they lose jurisdiction, and there is nothing they can do to punish you.

If the probation violation and the new case are in separate counties, then the percentages go up that the probation court will not find out about the new topic. No mechanism alerts the probation court to find out about an out-of-county violation. The court clerk or the prosecutor would have to search to see any new arrests to know the offense.

As you can see from the above, this area of law is not an exact science, and some of it is even luck. From experience, I know that you must have a seasoned, savvy DUI Los Angeles defense attorney by your side if you expect to end up with the best possible result for your case.

Dealing with Probation Violation and New DUI Case

Suppose you are on probation in one courthouse and pick up a new DUI in another courthouse. In that case, whether the probation violation and the latest issue will be dealt with separately or simultaneously as the open case will be discussed. In my experience, it is usually always best to handle both punishments simultaneously.

This way, you do not end up with double or excessive punishments. All cases spin on their facts, so it is always best to consult an expert in the area before you decide your strategy.

Suppose both the probation violation and the new case are in Los Angeles County courthouses. In that case, the court system has a policy of handling both instances simultaneously in the courthouse where your new case is being prosecuted. Under this circumstance, the judge would order the court clerk to obtain the court file on the other case.

Then there would be a discussion between the prosecutor, judge, and your attorney to do a global disposition.

On the other hand, if you are on probation in Los Angeles County and pick up a case in a different county, both matters will have to be handled separately. There is also a chance that the county that holds your probation violation will not find out about the new case. This is something you should discuss with your attorney.

When dealing with these types of scenarios, the employed strategies should be dealt with on a case-by-case basis, and you are best served by hiring a seasoned professional who has been down this road before and knows the right moves to make for your future.

The first thing that I do in these circumstances is to meet with the client and lay everything out on the table in the privacy of my office. I will then tell the client what they face and what they can do to assist me. Finally, we will develop a plan that makes sense for their circumstances and then execute the plan.

Once the client understands where things are headed, I have noticed that a sense of control comes to them, and they have peace of mind related to their circumstances. This begins with getting out of the criminal justice system and restoring their good standing.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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