First the Short answer: they don't. They've made major strides in the last 30 years.
Second: we're not here to answer term paper questions. I gave my students a similar question when I was teaching corrections.
It's possible, but I doubt it. When my clients asked me, I always tell them to assume they'll be tested. Even as an attorney it's very hard to defend against testing for illegal drugs. You're not allowed to have it in your system as it is.
Without knowing more, I would urge caution until you know otherwise.
The short answer is yes, if they jump through some hoops.
Sentencing orders have standard conditions and special conditions. Even if it is not checked, someone will have to comply with the standard condition. It should be checked, but I can't think of a single judge that would cut slack on that issue.
It's hard to supervise somebody if they're out-of-state. That is why you ask for permission to leave. In most instances a judge will be understanding if somebody has to leave for work or...
The 6-101 violation is driving without a valid drivers license. Do not assume the criminal justice system is as automated as the Post office. It truly is not. The ability to give deferred prosecution lies with the judge. The ability to dismiss the case lies with the prosecutor, it is called prosecutorial discretion.
When I was a Cook County prosecutor, we had standing orders to never dismiss a driving without a valid license ticket. At minimum, we offered supervision, certain judges will...
Traffic school will kick you out for the second one. You can try to take one traffic school, but the better idea is to get an attorney to try to take on both cases. I've had this exact situation several times and we have had several combinations of what can happen, but I will tell you right now: traffic school will boot you out the minute they learn of the second one. They might let you do the first, but not the second.
I will try to answer this question with a little more detail than my learned colleagues. You’ve left out a lot of detail, so I am making certain assumptions that your California probation is based on a DUI also. Just like most of the other answerers, I am an Illinois practitioner and cannot accurately predict California as a native practitioner can.
However I have taught criminal procedure and corrections at the upper-college level, which this question is a part of.
One at a time:
The short answer is yes, police can sit outside bars whenever and for however long they like. But a person doesn't just "get" a DUI like a door prize. A person must show signs of intoxication. Police will watch for steady or unsteady movement and slurred speech, bloodshot and glassy eyes. If someone exhibits these signs then yes, the person may be arrested for a DUI if they got to a car.
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In Illinois, DUI is covered by 625 ILCS 5/11-501. 501(A)1 is a DUI when the state has a breath result over 0.08.
501(A)2 specifically covers a situation where the state does not have a breath result or they have a breath result under 0.08.
In this case, the state will depend on erratic driving and failure of field sobriety tests to prove guilt. Because alcohol effects people differently, someone can be intoxicated without being legally drunk.
So, on one hand it may be possible for...
I practice in this jurisdiction. You should NOT plead guilty on the first court date. You should ask for time to hire an attorney. You are in a situation where you may be suspended and a lawyer may possibly prevent that.
This answer is for informational purposes only and does not form an attorney client relationship.
Attorney Harvatin is correct, a suspension will appear on your driver's history as well as the DUI. So even though you could try to expunge one, it may not serve a useful purpose. But the short answer would be, yes it should be expungeable.
This answer is for informational purposes only and does not form an attorney client relationship