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I have to attend a drinking and driving academy and I was saving up for the down payment for program which was $140.

Murrieta, CA |

I had to ask for extensions to save this up because I am unemployed. I just saved it up and was going to register when they said the state just raised it to $280.....I now face being arrested if I dont get an extension again!!! The lady on the phone said...well people who cant pay can just serve jail time in exhange...wth? I had a .07 yes I take responsibility for that never had a violation like this before I got a wet reckless I have no problem taking the course and doing what is asked but to send me to jail because I cant save up the money fast enough...wouldnt I cost the state more in jail than just keep saving up and checking in to give my status. I took off jobs making $5 an hour to save up for the $140 I am on food stamps ...jail isnt meant for this ....what can I do?

Attorney Answers 4


  1. Don't rely on telephone ladies. You generally can get an extension or you
    may be able to have the program eliminated from your probation conditions
    as the back was 07.
    >


  2. I assume you are on misdemeanor probation for your (wet reckless) DUI. If registering for a DUI class by a certain date is one of the terms of your probation, you risk being in violation of probation for failing to sign up for the class. You can request that the court extend this date. It would be best to hire a local attorney to help you with this but because you are very poor you'll qualify for a public defender. However, depending on the county, your public defender may not represent persons seeking to modify the terms and conditions of their probation. If this is the case, you will have to do this yourself by calendering the matter in the appropriate court for a modification of probation hearing. Of course you could just ask a family member or friend for a loan. Your question does raise the problem of the criminal justice system's disparate treatment of those with access to money and those without. Good luck.


  3. Many of the people employed by the drinking driver programs don't have a clue. I suggest getting your court case on calendar and explaining the situation to the judge. Do so sooner rather than later, as the judge will be more understanding if you act quickly. Bring some sort of documentation regarding your financial situation, such as proof that you're on food stamps. It will all work out. Good luck.

    Jasen Nielsen


  4. You'll be fine. Get into court ASAP and explain your hardship. Stay ahead of any potential probation violation and address any issues as they arise and the court should work with you regarding an extension.

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