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I violated my probation by driving w/ a suspended license due to my DUI. I also failed to attend my A.A. meetings.What can I do?

Los Angeles, CA |

I failed to comply with my court ordered A.A. meetings, community service, and pay fines. What can I do to fix it because they want to give me mandatory jail time because I was recently pulled over driving with a suspended license.

Attorney Answers 3

Posted

You have picked up a new offense - VC 14601.2, driving on a suspended license due to a dui - which comes with a mandatory minimum jail sentence of 10 days.
You also face a Probation Violation hearing for the various reasons you are in violation of your probation, including picking up the new offense.
Having not complied with any of the terms of probation, the Court and the City/District Attorney likely will find this highly aggravating.
You should consult in confidence with an attorney as to potential mitigating factors (ie. hardships and reasons you couldn't comply with the Court's probation terms.etc...if you have time before the next court date you should immediately attend as many AA's as possible, pay as much of the Court fees as possible...etc...) in order to put up the best defense possible against the significant Jail sentence that the Court and the City/District Attorney undoubtedly are seeking in this case.

Good luck.

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4 comments

Asker

Posted

Do I just sign up for any A.A. Meetings or does it have to be where the court advised me to attend! Do I have to get a lawer??? I can't afford one, that is the same reason I could not comply with my A.A meetings, for lack of finacial stability!

Brian Andrew Bezonsky

Brian Andrew Bezonsky

Posted

Normally you have to enroll in an AB 541 course on a first time offense. That is more of an involved program than simple AA attendance. But considering your circumstances, the program is most likely not going to let you re-enroll (they require a court order allowing you to re-enroll), so in the meantime, do as many AA's as possible. AA's are free. There are an abundance of locations. Even though the AA's don't fulfill the AB 541 requirement, they show the Court that you have woken up to taking this matter seriously, and are taking positive steps to addressing the matter. Make sure to get proof of attendance signed at the AA's. Lack of financial stability as an excuse for the other violations is not the weakest defense, but be prepared for the courter argument, that before any deadlines you should have walked into court and asked for extensions because of financial hardship. The fees for some of the requirements you had could have been reduced if you have proactively addressed this instead of waiting until you were in violation.

Asker

Posted

Thank u this is very helpful! Sent on the Sprint® Now Network from my BlackBerry

John M. Kaman

John M. Kaman

Posted

There is no fee to attend AA meetings: don't try that one on the judge.

Posted

Driving while your license is suspended as a result of DUI is mandatory 10 minimum jail sentence. You have not complied with any AA Meetings; pay fines or community service. In essence you were put on probation and failed to take advantage of it. You violated the terms of your probation and then drove when your license was suspended. I would suggest before you go to court, you start attending AA meetings- as many as you can. I am not certain if you can do any community service without a re-referral from the court. Gather your funds in the event you are allowed to pay fines. You might be facing jail time instead. You need an attorney to help possibly get you back on probation.

Legal disclaimer: You can learn more about me by clicking on my Avvo profile. Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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Posted

You need to meet with an attorney to discuss the particular facts of your traffic stop. There are occasionally defenses to these things, even if you are on probation and even if you are subject to so-called search terms. Between now and the time you meet with an experienced criminal defense attorney, you should attend as many of the AA meetings as you can. You should also save as much as you can to pay toward fines and fees. If you are able to obtain your driver's license, that will also help.

Between possible defenses and your ability to bring yourself quickly into compliance with the court's orders, a good attorney may be able to help you avoid the worst of it.

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