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May 25, 2017 | admin DUI and OR Violations
In some cases, the court hands down an “OR” release to a DUI offender. This order allows the defendant to stay out of jail while their criminal case is still ongoing. An OR release is usually subject to a few terms and conditions that compare to those given under a DUI probation. A violation of any of these terms results in the defendant being remanded into custody and could also subject them to new criminal charges.
Conditions of an “OR” Release
A defendant is supposed to abide by certain terms and conditions of an OR release. These usually include restrictions on driving a motor vehicle without insurance or a proper license, restrictions on the consumption of alcohol, and compulsory AA attendance. The court may further require the defendant to wear a monitoring device or “SCRAM” bracelet to prevent the defendant from consuming alcohol while their case is still pending.
A defendant’s lawyer may pose arguments to dismiss certain terms of an OR release. This happens when the defendant’s attorney finds some of the requirements of an OR release to be excessive or unreasonable.
When setting the requirements of an OR, the court will factor issues such as whether the defendant has a prior DUI offense record, whether the defendant was involved in a crash, and the defendant’s alleged blood alcohol levels. Even after posting bond, the defendant may still be required to abide by the terms and conditions of an OR.
The court subjects a defendant to serious consequences for non-compliances with the terms of an OR release. If the court finds that the defendant did not attend AA sessions in accordance with the terms of the release or committed a new offense, they may be remanded into custody and stay there until their case is resolved. The court classifies this as a “change in circumstances”. Such a situation allows the judge to impose or increase the defendant’s bail. In the event that the defendant is unable to post bail, they are held in custody as their case proceeds.
Another form of an OR release violation is where the defendant is arrested under the suspicion of committing a subsequent DUI crime. The defendant’s bail or OR release may be revoked in such circumstances. Furthermore, prosecutors and courts frown upon multiple DUI offenses and may subject the defendant to a long jail sentence and harsh probation conditions for violating OR and for committing a subsequent DUI offense.
When Does A Defendant’s Obligations Under OR End?
The requirements of OR release are in force as long as the defendant’s case is ongoing. After the case has been dismissed, or if the defendant is absolved, the OR terms and conditions are null and void. Additionally, when a defendant is charged with a DUI offense, they are not obligated to abide by OR conditions. Nevertheless, the defendant may be bound to certain requirements of probation. In most cases, the defendant is given credit for attending AA meetings if this was one of the terms of probation. The court also considers the defendant’s conduct while they were on OR release when laying out the requirements of probation. Therefore, if the defendant abide by the terms of an OR release, the court is likely to reduce their sentence if they are found guilty of a DUI offense.
If you are arrested or charged for committing a DUI offense, there are certain conditions you must satisfy after posting bail. If you violate the terms of an OR release you could easily find yourself behind bars. If you or a loved one is facing DUI charges, you should consult an experienced Los Angeles DUI attorney for legal assistance throughout your entire case.