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My court ordered probation ended sept 20. Does that mean I am no longer zero tolerance.

Norco, CA |

I called the dmv and was told that although I completed the courts orders I still have to send in an sr22 for 6 more months because the probation for them didn't start till all my classes were completed. So once again I ask, am I still zero tolerance in the eyes of the law till April 2014?

Attorney Answers 8

Posted

Your question is confusing? what do you mean by zero tolerance?

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Asker

Posted

During probation if I was pulled over and tested my bac could not be over .0000. If it was it was a violation and I would receive another DUI.

Kathryn Mary Holton

Kathryn Mary Holton

Posted

Oh I see, best to adhere to the zero tolerance if you have a problem with alcohol, that a away no alcohol no jail simple.

Anthony Michael Solis

Anthony Michael Solis

Posted

In CA - probationers and those under 21 may not drive with any level of alcohol in their blood. Any 1% or over is a violation of probation. For those under 21, we call it Zero Tolerance. They lose their license for a year.

Posted

Has your court probation terminated? And vc 23152(a) provides for "driving under the influence" without specifying an alcohol content. It is always best to drive with zero in your system.

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Anthony Michael Solis

Anthony Michael Solis

Posted

Especially for a guy with a prior. Good advice.

Posted

You question is a little vague. I am assuming you were convicted for DUI (or other alcohol related) offense where one of the terms of probation was that you always drive with no detectable amount of alcohol in your system. If your court probation is over, then that term of probation does not apply to you. However, if you are under 21 years of age, then you will the California zero tolerance law will still apply to you.

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Asker

Posted

Will I receive something from the court saying I have fulfilled the requirements of probation, or do I have to request something in writing from them?

Benjamin Peter Theule

Benjamin Peter Theule

Posted

The court will likely NOT give you anything in writing unless you ask them. Even then, I am not sure what you are looking for or why you need it. If you are off probation, you are off probation. All they court may give you is a docket or court minutes showing the date your probation was set to expire.

Asker

Posted

Thank you for your time.

Posted

Always if you are under 21.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Posted

The DMV and you may be are confusing two things 10 torrent is when you're
on court probation only the DMV requires an SR 22 to be on file for 3 years
after an administrative action or conviction so there must be a timing
issue of when the DMV got notice and when the three years for the SR 22
proof of insurance requirement front but you are off court probation no 0
tolerance

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Posted

You are best advised to not drive with any level of alcohol in your blood. Under 21, on probation, or not, a DUI prior is bad news for you and the consequences of a second offense are severe. Learn from your past. The answer to your question, however, is: if you are under 21 or on DUI probation, you may not drive with any measurable level of alcohol in your blood.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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Posted

Yes, that is one perspective. This is great news and you are on your way to putting this behind you.

This answer is not legal advice and does not create an attorney-client relationship.

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Posted

You are only subject to the 0.01% BAC while driving limit if you are under age 21 or on active DUI court probation. If you are over 21 and your probation ended, you are subject to the 0.08% BAC while driving limit and other impairment prohibiting DUI laws. The SR22 has nothing to do with zero tolerance.

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