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Consequences for getting sent back to court for being booted out of the CA DUI(18 m) program for allegedly being under influence

Escondido, CA |

Hi , I recently just got kicked out of the multiple offender 18 month DUI program for allegedly being under the influence ( and a drug test would not have proven I wasn't unfortunately ) and I have to go back to court to be reinstated . Hoe likely is it that I'll be reinstated ? I'm on informal probation for two Du I's that I plead guilty to . I have not been kicked out of the program before , and I have not violated my probation before . I am on probation for the two Du I's only . If you need more info please ask me .

additional info: It was my 3rd session when I was booted out. I wasn't under the influence of anything in the class, I hadn't slept much over the past three days, and I could not prove myself innocent because I do have THC metabolites in my system and know it, so getting an outside drug test would have been a waste of time and money essentially. My case is both through the vista courthouse and the san diego superior court, as I have two DAmUI's. I believe I got assigned the DUI program at the vista court then got the downtown court to run it concurrent. Does anyone think this is worth hiring a lawyer over and/or that it will actually change the outcome very much if at all? Also, I'd love to get an attorney but o can't afford very much and have no ideas what rates are foe something like this.. Thank you very much

Attorney Answers 5

Posted

Well the good news is this is your first probation violation and typically judges will reinstate you into the DUI class without additional punishment. I would come in prepared to explain to the judge what happened and be respectful and explain how this will never happen again.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

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Asker

Posted

Thank you very much for your answer and the good advice, sir, I really do appreciate it.

Posted

How far into the program were you? What were you under the influence of? (DO NOT answer this question here as this forum is NOT classified and any statement you make here can be used against you in court.) Which court house are you in? What steps are you taking to resolve this issue? All these questions will impact what happens when you go back to court. Custody time is always an option that some judges impose. Best to speak with one of us Local Avvo attorneys and hire on of us who you are comfortable with in fighting for your freedom. Most of us offer a free consultation so you can meet with us and see who you want fighting on your team.

http://lawofficeofwilliamdaley.com/san-diego-criminal-attorney/probation-violations

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com

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Asker

Posted

Thank you very much for your answer, sir.

William Peter Daley

William Peter Daley

Posted

Your welcome, and hopefully you will be reisnstated without any additional penalties. Good luck.

Posted

I generally tend to advise getting an attorney to handle any probation violation issue(s) to mitigate these kinds of situations. I would at least recommend that you speak with a DUI attorney in your area that is familiar with the courts where your PV's are in. I don't think either of the Judges are going to be excited about the situation knowing that you have 2 DUI's which sound like they are fairly recent with the programs running concurrently.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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Posted

Don't regret NOT hiring a locally experienced criminal defense attorney to handle this for you.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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Asker

Posted

I just have no idea what one would charge for a one time thing like this and I don't have a lot of extra money, nowhere near what I assume they cost at least..but I have no clue oh how much something like that would be..any ideas anyone?

Posted

The biggest problem you're going to run into is you will not be able to get a restricted license now until you finish the class. When you are kicked out of a DUI program you cannot get a restricted license until you complete the class. I doubt you will go to jail however it would be wise to hire an attorney.

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