Getting a San Diego DUI off their record is one of the most common questions I receive. Most of my San Diego DUI clients have never have been in trouble before. Getting off probation and ultimately getting the San Diego DUI expunged is one of the most important aspects of the case. I make it a point to provide this to my clients as part of my services. I know if I (or a loved one) was looking at retaining an attorney, providing this is a must.
If you are still on probation after a San Diego DUI, unfortunately:
A. You cannot yet expunge/dismiss your San Diego DUI conviction under Penal Code Section 1203.4, and
B. If requested by a California peace officer, you have to submit to blowing in a hand-held breath test gadget or breath machine in order to determine if you are driving with a measurable amount of alcohol in your system (.01% BAC or more).
A) Not being to expunge/dismiss a San Diego drunk driving case can mean adverse consequences at work, school or elsewhere.
B) Losing your license for 1 year if you blow .01% (unless your attorney prevails at the San Diego DMVhearing) would be a severe blow to your mobility, certain employment opportunities and other liberties.
Question. How do you get off probation as a result of a San Diego DUI court case?
1) First, gather all relevant information:
- Date of Conviction,
- California Vehicle Code Section convicted of (e.g. 23152 or 23103.5)
- Years placed on Probation,
- Case Number, and
- Court Location.
2) Determine the Halfway point. It is the first realistic time to request this from the court.
Divide the number of years you are on probation by 2.
You usually need to be halfway through the probationary period before most San Diego county judges will seriously entertain granting your San Diego DUI attorney’s motion to terminate probation.
If you are on probation for 5 years, add 30 months from the date you were placed on probation, i.e. the conviction date. If you are on probation for 3 years, add 18 months from the conviction date.
The conviction date can easily be found on your final (8 1/2 by 14 inches) court papers often called “MISDEMEANOR – DUI/TRAFFIC JUDGMENT MINUTES.”
You can visit your particular San Diego county court location to get a copy of it if you did not keep a copy. The Clerk’s Office can look up your case number by your name and date of birth.
As long as you have done everything ordered in a timely manner, probation continued and was not revoked. If not, and probation was revoked, the total probationary period is extended for the time your probation was revoked.
3) Determine why you need to be off probation.
Employment-related opportunities is a common reason. Documentation or a letter from a prospective employer would be helpful. If not, write out a roadmap of what are your plans when off probation.
4) Provide this information to your San Diego DUI lawyer.
He or she can then prepare, file, serve, calendar and appear on a “Motion for Early Termination of Probation” aka a “Motion to Terminate Probation.”
It normally takes 2 months (or a little longer) in order for your San Diego DUI criminal defense attorney to have this motion decided by a judge or commissioner, depending on the court calendar.
If you think you are ready to proceed, you may contact San Diego Attorney Mark Deniz at [email protected] with the relevant information.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation.
Here is some more information on the subject: