Wednesday, January 25, 2017

Understanding The Terms Of Probation On Your California DUI

Congratulations on the resolution of your DUI case.  You can begin to move on with your life and begin the process of putting this situation behind you.  This article is intended to help you understand the terms of your probation and obligations to the Court.  You will receive the paperwork with the terms of the case disposition and this will help to explain the specific orders and conditions the Judge imposed in your case.

First, you were granted informal Court probation meaning you will not need to report to any probation officer or check in on any monthly schedule.  As long as you follow the orders of the Court you will be in compliance and at the conclusion of 36 months you can seek to have your plea withdrawn and request that the case be dismissed and expunged.  Let's go into the specific terms that you must follow for the remainder of your probationary period, these are the basic terms, you may have additional terms imposed, be sure to read and understand the paperwork given to you by the Court:

  1. You cannot drive with any measurable amount of alcohol or drugs in your system.
  2. You cannot refuse to take and complete any chemical test, field sobriety test or preliminary alcohol screening test when requested by any peace officer.
  3. Do not drive unless licensed and insured and have the minimum insurance required by law.
  4. Obey all laws and orders of the Court.
  5. Enroll in within 21 days and complete the Court ordered DUI program.
  6. Pay all fines and fees imposed within the period ordered by the Court.
  7. Enroll in and complete any MADD or HAM program ordered.
  8. Complete any Court ordered community labor.
The foregoing are the most basic obligations.  There may be other conditions that apply to you so be sure to read and understand the specific sentence you were given.

Be sure to understand the deadlines imposed by the Court.  For example, unless you already enrolled in or completed the DUI school prior to your sentencing, you must enroll in the class within 21 days. If you do not, you will be in violation of your probation, you will be required to go back to Court and explain why you did not follow the Judge's orders and ask for a re-referral to the program.

Also, if you do not pay the fines and fees directly to the Court by the due date you will be in violation of your probation, a warrant will issue for your arrest and you may be denied an expungement.

Any violation of the Court imposed terms of probation could result in a warrant being issued for your arrest, you could be denied the opportunity to get the case expunged and have your probation extended beyond the initial term.

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