How can i get off informal probation?

Asked about 2 years ago - Orange, CA

Was guilty in August of 2008 of DUI> Its been over 4 years and havent been in trouble. I usto work for the school district and with this hanging over my head it is merley impossible. to accure a decent job.( No accident accured . My probation will end Dec. 12 2013. Id appreciate any feedback. Oh and in my area Ive been harrassed by police 3 times, once during our session hofficer had mentioned that once i had finished my classes and all dues were and are paid i could ask for a relaese of probation early.

Attorney answers (3)

  1. Lewis Robert Rosenblum

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . I am not sure why you have been on probation so long. It is usually 3 years from your date of plea or the date you were found guilty be a jury. Maybe you extended it to pay fines or finish classes, I don't know. But it seems like you may have a chance to have the court take you off probation in that it has been 4 1/2 years since the date of violation. Assuming there is nothing else that affects your case, you should probably consider hiring a lawyer who can bring a motion to terminate your probation in court. That is the way to go about it. Any of us on AVVO criminal law section can assist you with this. I'd suggest you call a few and get a free consultation.

  2. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I can only assume you're on 5 years probation because this was a second or third DUI.

    Yes, you can make a formal request to terminate probation under Penal Code 1203.3, but you have to show "good cause" why they should end your probation. Documenting how many times you've been turned down for a job because you're on probation, etc. may help, but it's no guarantee. The biggest issue is that for a repeat DUI, they want to make sure you aren't at risk to drink and drive again. I don't know if you had the ignition interlock installed or if you have been through rehab, etc. All those things will help, but ultimately it's up to the judge whether or not to grant your request. They are very reluctant to end probation early on DUI cases. Why? Because there are certain extra conditions on you - such as not having any alcohol in your system when you drive - that go away if you're off probation. Because it's a repeat offense, they are probably reluctant to let you off probation without substantial information to support your request.

    If you're serious about trying to do this, I'd strongly suggest you get a lawyer to help. If you try this on your own, I can just about guarantee they'll deny your request. Of course, there are no guarantees that with an attorney you will get off probation, but you stand a greater chance by working with a lawyer and putting together a good motion and packet of materials in support of your request.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  3. Douglas Holbrook

    Contributor Level 17

    4

    Lawyers agree

    Answered . I think it is safe to assume that your period of probation was set at 5 years.

    However, the court will sometime entertain a petition for the early termination of probation, under Penal Code 1203.3, if you are able to demonstrate "good cause" why they should. It is definitely worth a try.

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