Probation Violations in California

San Diego DUIs and a variety of other reasons can result on drivers license being suspended.  These fines can be in the thouands and rival San Diego DUIs.  They key in San Diego suspended drivers license cases is to be proactive.  Do not wait.  Call 858-429-9982.

As of January 2015 one of the most significant laws to take effect in 2015 was California Assembly Bill 60. AB 60 makes it possible for undocumented immigrants to apply for and obtain California driver's licenses. This can ensure you will not get a San Diego Suspended License in the future for many people.

Main points about AB 60 include:

  • Undocumented immigrants will be allowed to apply for a California driver's license and will not have to show proof of lawful residence in the U.S.
  • Undocumented immigrants must show proof of California residency, pass written and behind-the-wheel tests, and show proof of auto insurance.
  • AB 60 will allow undocumented drivers to apply for any non-commercial driver's license, including Class C licenses (for most cars and trucks), Class M1/M2 (motorcycles), and non-commercial Class A or B (for travel trailers and most RVs).
  • AB 60 driver's licenses cannot be used for federal purposes.
  • AB 60 contains protections against discrimination; law enforcement cannot use an AB 60 license as a basis to arrested undocumented immigrants or share their information with other government agencies.

With the passing of AB 60, California joined nine states and the District of Columbia in allowing undocumented immigrants to obtain valid driver's licenses. The idea behind AB 60 is that it ensures more drivers are properly trained, licensed, and insured, thereby making California roadways safer. Without AB 60, many undocumented drivers - who were uninsured and not adequately trained to drive on CA roads - would still continue to drive.

AB 60 officially went into effect on January 1, 2015, and thousands of undocumented residents throughout the state have already applied for driver's licenses. Within the next three years, the California Department of Motor Vehicles (DMV) expects to handle as many as 1.4 million AB 60 applications.

Although many undocumented drivers are benefiting from AB 60, some individuals may have difficulties obtaining a driver's license if they have prior traffic offenses, outstanding citations, criminal convictions, or open cases. In these situations, individuals may be able to work with attorneys to help them explore their options for resolving any outstanding issues before applying for an AB 60 driver's license.  CALL 858-429-9982 to begin.

PROBATION VIOLATIONS

Your criminal case was resolved and you have been sentenced by a Judge. You are likely on probation and ordered to complete certain conditions. You've just realized that you may have a violation of probation in your criminal case. Maybe you thought you had enough time to complete your requirements, but came up short. You may have been uncertain about your terms, conditions, or court dates. You may have been concerned about going to jail and missed your court date because of this. Now you are unsure about your next step. You need guidance about your best options, and there is prompt help available.
Probation Violation Attorney Mark Deniz has handled thousands of probation violations as a prosecutor and as a defense attorney. He understands effective strategies to best approach misdemeanor probation as well as felony probation violation accusations, and tailors his approaches to each client's case.

When you are in violation of probation, you need an advocate on your side that understands the probation laws and will work to develop strategies to put you back on the right track. Don't take a chance on your future and handle the situation yourself.

MORE ABOUT PROBATION VIOLATIONS

Probation is a standard condition of court sentences in San Diego County. It is a way for the court to monitor your case, as well as provide a way for the court to hold you accountable. The requirements of probation are precise, which causes many probationers to violate their requirements. Accidental violations can carry significant consequences. Attorney Mark Deniz has seen people be violated for might appear to be very small violations. Thus, even if you have a plausible explanation for your violation, you still need representation to make sure your rights are protected.

Mark Deniz provides effective representation and legal advice to clients charged with local probation violations, and has helped many clients resolve serious probation violation allegations.

Mark Deniz handles probation violations including

  • Failing to meet with a Probation Officer
  • Failing to attend court ordered counseling
  • Participating in unlawful conduct
  • Failure to pay Fines
  • Failing a drug test

It never makes sense to represent yourself if you have violated your probation. It is important to find an experienced lawyer who understands productive solutions. San Diego probation violation attorney Mark Deniz provides thorough probation violation representation, and works tirelessly to resolve each client's specific situation.

Contact the Law Offices of Mark Deniz today for a free case evaluation at 858-429-9982.

San Diego DUI Probation Violations

A San Diego DUI Probation violation can affect whether you can get off probation early and eventually obtain an expungement. There is a variety of ways to violate a San Diego DUI Probation violation. A common San Diego DUI Probation violation is driving with a measureable amount of alcohol. It is a very low bar and it is a situation to avoid.

If you blow a 0.01% or higher, the Officer will arrest you for violation of Vehicle Code Section 23154. Not only will you be facing a new misdemeanor charge, you will also have to go back to Court on your original San Diego DUI for violation of probation.

Vehicle Code Section 23154(a), Driving Under the Influence of Alcohol While on Probation for Prior San Diego DUI. The statute reads:

It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23153 and 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

In the old days, if you were being investigated for a San Diego DUI and an officer had you submit to a preliminary alcohol screening (PAS) test and your results were minimal, 0.01% to 0.03%, most likely the Officer would let you go. Remember, as a condition of your probation, which usually lasts five years, you are not allowed to drive with a measurable amount of alcohol in your system. So while technically, the Officer could arrest you for violating your probation, practically the Officer would let you go.

If you blow a 0.01% or higher, the Officer will arrest you for violation of Vehicle Code Section 23154. Not only will you be facing a new misdemeanor charge, you will also have to go back to Court on your original San Diego DUI for violation of probation.

Remember in this case the State does NOT have to prove that you were under the influence of alcohol. The State must simple prove there was 0.01% or more of alcohol in your system at the time of driving. They key is to avoid San Diego DUI probation in the first place. If you are on San Diego DUI probation the next goal is to avoid violating any terms of probation. A probation violation can affect whether you can get off probation early and eventually obtain an expungement.

Call 858-429-9982 immediately so we can begin defending your San Diego Probation Violation.