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Can I get sentenced to more time then what is left on my supervised release if I only have 1 1/2 left for a violation?: I work full time violated by going out of the country, having one dirty UA however specialist says it's consistent with second hand smoke which what it was. UA levels where at minimal levels. Only have a month and a half left.

Asked almost 3 years ago in Criminal Defense

Jayan’s answer: It's difficult to tell without knowing more information about your case. If you were sentenced to supervised release per PC 1170(h), then you cannot be sentenced to more time than what is left. Therefore, in your case, that would be the one month and a half left you have on supervised release.

Answered almost 3 years ago.


Will a DUI in San Joaquin County violate my summary probation in San Diego County?: I had 3 felonies reduced to a single misdemeanor after completing 180 days in custody and 2 years of formal probation in San Diego. However, I am still on summary probation until August of 2014 in San Diego County. I was arrested for a dui at the end of June 2014 in San Joaquin county and my court date is near the end of July. Will I likely violate my summary probation in San Diego county and risk serving a jail sentence down there if I am convicted before my summary probation terminates? I just started a great career and am afraid of losing my job.

Asked almost 3 years ago in DUI & DWI

Jayan’s answer: It's possible but unlikely considering you are on summary probation in San Diego County. I agree with both Mr. Finnecy and Mr. Marek's answers above. San Diego could be notified but it's up to them whether they will file a probation violation.

Answered almost 3 years ago.


I was arrested for a first time DUI with a .08 (1st time) and .07 BAC (2nd time) breath test results at the station: I was arrested for a first time DUI with a .08 (1st time) and .07 BAC (2nd time) breath test results at the station, but the officer still took and license and gave me a pink slip. Which one of the two tests will they count?

Asked over 3 years ago in DUI & DWI

Jayan’s answer: Both tests count. By law, officers are required to take two tests, and those two tests must be within 0.02 of each other. Since one of your breath tests came out to .08, they can use that against you to show that you were driving with a .08 percent of alcohol in your breath/blood. Since your tests are at the minimum level required, you should definitely consult with an attorney regarding your case.

Answered over 3 years ago.