What would happen if you were to be terminated from court appointed DUI course due to excessive abscences? I have a hectic work schedule with no set schedule and overtime and am afraid this will cause me to miss classes. What usually happens?
Criminal Defense Attorney
The short answer is: You would be in violation of the terms of your probation - the class would send record to the court of your absences and you would be charged with a probation violation. You would need to walk into court - preferably with an attorney's assistance - and have probation reinstated. You would request that the judge allow you to re-enroll in the DUI class. Remember, you cannot get your real license back from the DMV unless you complete the course, so you must take the course requirements seriously for dual reasons.
Theoretically you can do jail time for a violation of probation. You can also be sentenced to community labor. In my experience, Riverside County is rather lenient in revoking and reinstating probation without giving you jail etc if this is your first violation, but you don't want to push your luck. You should treat the terms of your probation - ie. this DUI class - as your number one priority. (That being said, i know that's easy to say and hard to do when you're trying to deal with your hectic work schedule. Just remember, going to jail would really cause you a hassle in keeping the job that you have.)
Best of luck.
Thank you for your question. What happens in court is, of course, up to the judge, and the judge has the following options:
1. Reinstate you in the class;
2. Termination from the class, with the requirement you take the class again from the start; or
3. Termination from the class with other punishment for a probation violation.
Under the last option, you would no longer have to take the class, but the judge would have the option to assess other forms of punishment, including jail time.
When DMV gets notice of your termination from DUI School, you will no longer be able to keep a restricted license. You will go right into a suspended license, and will not be able to get a restricted back, even if you re-enroll in the School.
Talk to your DUI School. You can take a leave of absence from the school for I believe up to one year, and still get credit for classes already completed. They usually charge about 50 bucks for this to happen, but you must do it before they terminate you. This way you can keep your restricted license. Make sure if you take a leave, that you are still able to complete the class in the amount of time the court gave you to turn in proof of completion. If not, you will need to go back to court (talk to your attorney about the best way to do this) and request and extension of the proof of completion date.
As long as you stay ahead of the dates (Court and Class) you will not end up with DMV negative consequences or a court arrest warrant.
In OC, nothing. But I hear other jurisdictions give 5 days jail. Contact a DUI attorney that practices regularly in Riverside. Call Manny Barba. You can find him on the CA state bar website www.calbar.org or on the CA DUI Lawyers Association site www.ca-dui-lawyer.org
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