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May 25, 2017 | admin Early Termination of Probation for DUI in Los Angeles
When a person is convicted of a misdemeanor DUI offense, they will most likely be put on summary probation to the court for up to five years. When an offender is placed on probation, the court has jurisdiction over them and may impose penalties in the event that the defendant breaches any of the conditions of their sentence. However, there are cases where probation poses negative consequences for an offender. In such cases, the court will accept a motion filed by the defendant for the early termination of their probation.
A defendant may seek an early termination of their probation for several reasons. For example, when a defendant’s conviction status is found during a background search and it is realized that they are on probation, this information can ruin their housing or employment situation. In many situations, a person applying to get a security clearance can be denied when it is discovered that they are serving probation for a criminal offense.
Petitioning the Court to Terminate Probation
According to the “California Penal Code, Section 1203.3 PC”, a convicted DUI driver who is on probation can file a petition in court for an early termination of their probation. The motion is heard by the judge who sentenced the defendant. During these proceedings, the prosecutor is given an opportunity to respond. Usually, prosecutors will stage a massive opposition against the defendant’s request. Therefore, it is critical that anyone seeking to terminate DUI probation consult an experienced Los Angeles DUI attorney.
When determining whether to grant an early termination of the defendant’s probation, the court will seek to find out whether the defendant has abided by all the terms of probation. The court will further inquire whether the defendant has committed any new offenses.
When a person is sentenced to probation for a DUI, they are required to complete a compulsory drug and alcohol education program. Some of the other requirements may include payment of court fines, serving some jail time, performing community service, compulsory “Alcoholics Anonymous” meetings, attending the “Hospital and Morgue” program and the “MADD Victim Impact Panel”. The defendant has to comply with all of these requirements before the court can consider ending their probation early.
Remain a Law Abiding Citizen
A significant part of the DUI probation sentence requirements is for the defendant to be a law abiding citizen and for them not to commit any new offenses. If the judge finds that the defendant has been involved with a subsequent offense, they are most likely going to deny the motion to end probation early.
In case the defendant shows compelling reasons to warrant their deviation from the terms of probation, the court may grant their motion and terminate the probation early. However, before the court terminates probation, the defendant has to have served a significant part of probation. Typically, a person should only consider filing a motion for the termination of probation if they have served half of their sentence.
The court will hold a hearing to determine the early termination of probation. The defendant’s lawyer is required to present testimony and compelling evidence during this hearing to support the motion. In most cases, a motion for the early termination of probation is filed together with an expungement motion. If the judge grants both motions, it means that the conviction will be expunged from the records of the defendant. However, this record could still be used in a subsequent DUI case.
If you have been serving DUI probation and want to terminate the probation early, your best chances of succeeding is with a Los Angeles DUI attorney by your side. Most of these motions are granted depending on the compelling arguments of the defendant. An experienced DUI attorney can help you front a strong argument and present evidence to secure you an early termination of probation.