I have been on informal probation for over a year in a half after getting a DUI in May 2015. I have completed the classes, paid the fines, and community service hours. I am trying to get a financial license. And now I am trying to obtain a financi...
Stanislaus County judges, like many across the state, arefairly conservative with regard to early termination of probation, especially on DUI charges.
You can petition the court to terminate your informal probation early, but if you get it granted it will likely be over the objection of the District Attorney. The DA will argue that you accepted the terms when you resolved your case. Also, the law favors probation of 3-5 years for DUI cases: but there is a workaround if terminating probation is "in the interests of justice".
If you hire an attorney for this process, it takes several weeks or longer to have the petition heard. Your petition will need a declaration stating the specific hardship caused by your inability to get a financial license. Provide the attorney you hire with proof that you completed your first offender class, that you currently have a valid CDL, and that all court fines have been paid in full or you will have no shot. The DA will oppose it.
In the end, there is no harm in trying! Be advised that even if the 1203 petition is granted, the conviction can still be used against you if you get another DUI, and it will remain on your DMV record. Good luck,See question
My dui was in 2003 in my car, but I have a cdl. First they told me 13 yrs. Now there telling me 55 yrs.
DUI convictions stay on your record with the DMV forever. But in criminal court, they can only directly be used to enhance sentences for 10 years, from the date of one incident to the next.
If you are concerned about your record, you can file a 1203 petition with the court. If the judge grants a dismissal after conviction, you won't have to disclose the conviction except to licensing agencies, political office or for a job with the lottery.See question
I received my second DUI this weekend. I don't know what my BAC was, but I was blackout drunk and don't remember getting in the car, getting arrested, etc. Therefore, my BAC was high. I also had an open container and was on probation for my first ...
My colleagues have answered correctly about the norms for Sacramento County second DUIs.
Of concern to me is that you have placed yourself at risk and others at risk by drinking to the point of blacking out. You should take a break from drinking, as it isn't helpful to your stated goal of keeping your job, and you haven't managed it well to this point.
You should still consult with a local attorney as frankly the advice that comes with experience can go a long way to showing you the possible paths before you. There may still be legal defenses that can help you,
You also may not know that a repeat performance of this could lead to many months of jail in nearby Placer County, unless you hurt someone in which case you've got much larger problems. You should consult immediately with one or more local DUI attorneys, as the DA will squeeze you for expensive bail if you are still on probation for your first DUI (and it sounds like you were). Good luck.See question
I am required go complete a work program with Sac. Sherrifs dept by 11/03/2016 . I am to do 24 hrs of work project. But the business that i was assigned to tells me they can not give me the 24 hrs in 3 days. Can i postpone ?
You can always hire an attorney to ask the sentencing judge in Department 3 or 4 to change your jail turn-in date and request an extension. It normally takes two court days to get this kind of motion before the court.
These kinds of modifications are discretionary, meaning that the judge will usually grant them if it is a first-time request and the reason for the request is reasonable. but he or she does not automatically do so.See question
I have been convicted of three misdemeanor DUIs in California as follows: 2003 (Merced County), 2006 (Merced County) and 2012 (Sacramento County). The 2003 DUI was initially charged as a felony but it was dropped and I was charged with misdemean...
This area of law is surprisingly complicated.
Adult assault and battery convictions, even for a misdemeanor, cause a 10-year firearm ban.
Juvenile adjudications are different than adult convictions. I would want to see the probation terms before I could advise you.
Straight misdemeanor DUIs do not trigger firearm ineligibility. I would be curious to see whether the DUI originally charged as a felony was actually pled as a felony and later reduced, or was dropped to a misdemeanor BEFORE adjudication. If it was the former, you may be ineligible to own or possess firearms or ammunition for life without a governor's pardon. I agree with my colleague that you should have a PFE done, or get Livescanned and bring your printout to an attorney.See question
What could be achieved for the convicted by delaying sentencing? It's already been a year.
I can think of many scenarios why delays might occur. The attorney may have filed a Romero motion or requested time to prepare one to "strike the strikes" to better position the person at sentencing.
Or, there may be issues worthy of appeal in the record. If the convictions came after trial, getting a transcript, reviewing it, and researching appellate issues can take time. There could be other cases, or there may be a plea bargain in the works in exchange for testimony in another matter. Too many possibilities to know,
In the end, there is no reason to rush down the gang plank in such a serious situation.See question
So I have a private P.I. looking into some things for me for a matter. I want to put up a cash reward for information leading to a positive outcome or for any help that could be used but to me I feel that's bribery. Like how does the P.I. let the ...
Bribery is the direct payment of money in exchange for intending to influence any act, decision, vote, or opinion of an official (local, county or state). Aiding someone else to do that is also a crime under accessory or conspirator theories.
A simple reward for information is legal and can be an effective way to get a reluctant witness to come forward. Paying someone to make up a story or to testify falsely is not legal, however, just as paying someone not to report a crime is illegal.
I recommend a private consultation with an attorney so that you can discuss the specifics of your situation and so that you can be sure you are on solid ground. If it feels wrong, it usually is. Good luck.See question
My boyfriend was sentenced to 60 days and given credit for 5 days time-served (he had physically served 3 days at the time of sentencing). The jail seems to have applied the time served prior to the half-time rule being applied. This doesn't see...
A 60-day county jail sentence equates to a 30-day actual commitment.
Sometimes errors are made in credit calculations. It is possible to calendar the case before the sentencing judge to request a credits memo to be sure that your boyfriend receives the credits to which he is entitled.
An attorney can help you to do this. If he used a public defender, contact the Sacramento County Public Defender at 700 H Street. If he used private counsel, contact the attorney who represented him, or hire another.
Good luck.See question
My boyfriend has 4 DUI's on his record its been 13 years since he got them so why is the DMV still holding that against him if they are not supposed to after 10 years.
If a person fails to complete a multiple offender DUI program after a repeat DUI, the driver's license suspension will not be lifted, even if more than ten years pass. Your husband should make an online office appointment with DMV, then show up to request his updated H-6 driver's record printout (DMV will charge a few bucks for it), and then make an appointment with a local DUI attorney to see if steps can be taken to clear his record. Good luck.See question
I recently learned that just because a drug may be in your system , it doesnt mean you are under the influance. Had i known that i would have faught mine conviction 3 yrs prior. Its my first on only DUI. The last three yrs of no driving has been c...
Life is short. The teachable lesson here is to get expert help before you have to make a big decision in life. DUIs carry long-lasting consequences, as you now know. Before you even attempt to withdraw your plea, know that while the mere presence of drugs in your system does not automatically mean you were impaired, it also doesn't mean you weren't. Stated another way: you may well have been impaired and withdrawing your plea could lead to a worse outcome.
Did you discuss the toxicology reports with your lawyer at the time?
I wish you luck. Your first step is to consult with a DUI lawyer in your area to see what the best course of action is. Good luck.See question