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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.

Attorney Answers 4

  1. Best answer

    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

  2. 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

  3. 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.

  4. 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.

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