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September 1, 2017 | admin Issues And Consequences for Violating The Terms of Probation in a Los Angeles DUI Case
If you are convicted of a DUI in Los Angeles, there is a possibility that you won’t spend time in jail. However, the judge will likely order that you serve a specified term of probation. The length of time is usually determined based on your criminal history and the nature of the incident. Being on probation means that you must regularly report to the officer assigned to your case and complete other requirements that are set forth by the court. If you fail to complete these requirements in the specified time or purposely fail to complete them, there are consequences involved. The consequence is typically recommended to the judge by the probation officer. An attorney can represent you to deliver evidence about the violation and to try to request a second opportunity to complete your probation without incidents.
Think of being on probation as a chance to prove that you understand that what you did was wrong. You’re given a chance to show the court that you can learn from your mistakes, and if you succeed, then it’s all put behind you. There are several things that you could do that would violate the terms of your probation. One of the things that is usually sure to negate your probation is getting caught driving while intoxicated. If a blood alcohol test shows any trace of alcohol in your system, then you can pretty much guarantee that your probation will be violated and that you’ll spend some time in jail. The normal limit is .08 percent, but when you’re on probation, if you register even a .01, then you’re probably going to be violated.
When you’re pulled over because an officer suspects that you have been drinking while driving, you have the right to refuse testing that would confirm whether you are under the influence in most situations. However, if you’re on probation and refuse to submit to this kind of testing, then you will likely be violated. The refusal can also be considered a separate charge that you would need to deal with since you’re on probation.
Another way that your probation would be violated is if you fail to attend required classes. These are classes that pertain to drug and alcohol education. You’re given a certain amount of time to complete them, but if you can’t prove that you attended, then this is a violation. However, it’s usually minimal compared to some of the other ways that you can violate. There are also programs that you might be required to enroll in that will help you learn about alcohol and drugs and help to keep you from using the substances in the future. If you fail to attend or leave a program after you enter, then it would be considered a violation of your probation.
Restitution is a part of most probation agreements. This is an amount that you pay to the probation officer or to the court. The money is used to pay for any damages that are done to property if you were in an accident and used to pay for any injuries that anyone sustained in an accident. The money is also used for any fines or other fees that you must pay because of your DUI charge. Most of the time, you must pay a certain amount each month until you pay off an amount designated by the court. You usually have until the end of your probation term to finish paying the restitution. There are a few other ways that you could violate your probation, including not keeping a device on your car to prevent it from turning on if you’ve been drinking or not showing up for court hearings.