Asked over 4 years ago - El Monte, CAFlag
I was convicted of my second dui on September 16, 2008 i just paid my fines and been going to my 18month program. I wanted to join the Army but then found out that i was disqualified because i had 2 dui's within 3yrs. I want to appeal my dui, what are my chances?
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Mr. Dale is correct. However, some DA and courts are quite cooperative when it comes to individuals who are serious about wanting to serve their country. You might have your previous attorney (or hire a new one) discuss this issue with the DA's office, and, if it seems doable, look over the details of the conviction to see if there are any improprieties in terms of procedure and due process, no matter how slight, that would allow the conviction to be challenged. If the court and DA are inclined to be cooperative, and if you can find any kind of argument at all, you might have a chance of reopening the case and getting a deal for something other than a DUI.
Also, have you looked into the requirements of other branches of service? Some might not care about two DUIs within three years...
First, I have never heard of the 2 DUI's within 3 years disqualification. Usually, just being on probation is enough for the military to turn you away, even though the probation is informal (also called summary probation). You did not indicate if you were convicted after a trial, or if you just plead guilty. If you simply plead guilty, you may be able to withdraw your plea and strike a deal with the court or DA that will allow you to go into the Army. In my experience, if you are trying to withdraw your plea, then the court is more likely to allow you to do it if only a small period of time has passed. So, the sooner you do it, the better your chances. Getting an experienced attorney involved right away, like the members of CDLA, is key.
How long ago was your first DUI and how long is your summary probation for your first DUI? Some probations are three years and some are five depending on the jurisdiction. Possibily filing a 1203.3 motion to modify your probation, and follow-up with a 1203.4 motion on the first DUI. However, since you are currently on probation, this is clearly discretionary. The time to appeal has past. You may want to discuss your options with your attorney.
The time for you to appeal has run as almost everyone agerees that has responded to your question. the quickest way for you to get off probation is to get your prior attorney to talk to the DA and then the Judge and explain your situation as most judges would like you to realize your mistake and give back to your country. There is also a Motion NUnc Pro Tunc that may be available as last resort,as a way to get back in front of your judge and accomplish your goal. Nunc Pro Tunc means literally, now for then and is a way of eraisng the previous action but it rarely is granted.
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