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How can I get off informal probation (DUI- .17 BAC)early, to pursure career?

San Francisco, CA |

Approx Jan 2010, I got arrested for a D.U.I. I was cooperative with law enforcement and I stayed in the drunk tank for 6 hours before being released. I ended up pleading guilty to D.U.I (2 codes can't recall which 2).
At the time of my arrest, I was 2 days from going into US Customs and Border Protection, and pusuring my dream as a Federal Agent.

It is now 10/10/11 and I have been on probation for 2 years 4 months. I would like to pursue my career in law enforcement, but unfortunately, I have found that any type of probation all BUT eliminates you from any law enforcement "process."

Do I stand any type of chance other than "slim to none" to get off probation? I really would like to pursue my career "sooner" rather than wait another 2 1/2 years.

Thank you for your time.

Thanks a lot. I received my DUI on 1/10/09. I was convicted on 7/7/09 (probation started this day). I'm close to that 2 1/2 year mark. I understand (through minor research) that I may not be able to list "CBP" in my filing paperwork (1203.4 I believe)...Is this true by chance? I know the military has something similar.

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Attorney answers 4


In San Francisco the DA's office will usually object to early termination of probation. If you have a good reason for early termination, and yours sounds like a good reason, then you should give it a try and have an attorney argue the motion for you.

These motions are heard in Department 18. They require 15 days notice and they hear them on Wednesday mornings. Since it's early termination you request, I would recommend doing a formal motion with declaration, instead of just filling out the judicial counsel two page form. The motion should request early termination and expungement, and can be done as one motion.

Aaron Bortel, Esq.
650 5th Street, Suite 508
San Francisco, CA 94107
415 247-0700



In able to prove that I am serious, I have suppliedmy degree in Administration of Justice (emphasis in Law Enforcement) and my old paperwork (applied with Border Patrol and had to withdraw application after completing process due to my D.U.I.) from my Border Patrol process, including the document sent by Border Patrol, which states I have withdrawn my application, and I am welcome to apply again at a later time. I will keep you updated on the process and outcome. I am hoping this will all be enough. Any more input is helpful


You are going to need to file a motion for early termination of probation, then if granted, file a motion to dismiss the charge.

Judges usually grant these if you can prove some kind of hardship.

If you have anymore questions, please feel free to contact me.

Elliot Zarabi


If you were put on 5 years probation the ideal time to seek a modification is 2 and 1/2 years. You will not get an early termination unless you have completed all obligations under the terms of your probation. No unfinished classes, no unpaid fines. Even if you have done all that a judge may be disinclined to terminate someone early who blew a .17. No harm in asking though. I practice in SF.


I think you have a very good shot at early termination. Your dates don't quite add up, though. Also, are you sure you got five years probation for a DUI? It's usually three years.

John M. Kaman

John M. Kaman


If I remember the original question correctly he's in SF. In SF all the standard offers are 5 years APD. I have had some success in negotiating them down to three. John M. Kaman 360 Ritch Street Suite 201 San Francisco, CA 94107 (tel) 415-630-3021 (fax) 415-520-5644 "This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. For additional information, please visit our website at

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