DUI PROBATION VIOLATION IN LOS ANGELES

December 17, 2015

LOS ANGELES DUI PROBATION VIOLATIONUpon a conviction for a California Vehicle Code 23152(a) or California Vehicle Code 23152(b), the court will punish a Los Angeles DUI offender with either a probation or a terminal disposition.

Terminal disposition is typically a harsher punishment, usually imposed when a defendant refuses probation or when a defendant is not a good candidate for rehabilitation. An ability to rehabilitate is determined by judges who tend to look at the previous convictions to decide if a defendant will benefit from probation. For example, if defendant has several previous convictions close in time, then a judge can decide that a grant of probation will not be appropriate because the defendant will likely violate the probation or reoffend by getting rearrested for another DUI. In a situation like that, a Los Angeles DUI offender can expect a harsh punishment with a possible imposition of maximum sentence. Los Angeles DUI lawyer can be extremely helpful in a situation where a defendant faces maximum punishment because of several prior DUI’s.

A probationary sentence is typically will be less harsh then a terminal disposition. Probationary sentence usually consists of placing a defendant on probation and imposing requiring the defendant do complete an alcohol educational program, to do a jail time, do pay a fine and to work for a community.

When a person who is on probation does not complete all that he was required to do or gets rearrested for another crime, he can be prosecuted for a Los Angeles DUI probation violation and can receive additional punishment. For example, a first offender DUI probation will typically involve placing a defendant on three years of summary probation. If during the three years a Los Angeles DUI offender commits another offense, the prosecutor will file a new criminal case against him. In addition to the new criminal case, the prosecutor will request the court to hold a Los Angeles DUI probation violation hearing. During this hearing he can be punished even if he is found not guilty of the new crime. Indeed, a prosecutor has discretion to file a probation violation in lieu of filing a new case and proceed on the probation violation only.

A Los Angeles DUI probation violation hearing will usually involve testimony from police officers who observed the violation.

For example, if the reason for the violation is a new arrest for a DUI, a police officer who arrested you for a DUI in Los Angeles will come to the court and tell the judge that he arrested you for drunk driving in Los Angeles. He will tell the court everything that he observed that pertains to drinking and driving. The prosecutor then will request that you are found guilty of the probation violation and that the judge imposes a punishment. The punishment can not exceed the maximum jail time for the original DUI minus any jail time already served.

Is it even possible to have a Los Angeles DUI probation violation with harsher punishment then the punishment for a new case. For example, if the defendant was recently placed on probation and gets arrested for a new DUI with a low blood alcohol level, the prosecutor might offer a wet reckless for the new case but will request jail time for the old case.

If a driver is arrested for a DUI but his blood alcohol level is below .08%, he is unlikely to be prosecuted for a DUI in Los Angeles. However, a low blood alcohol level will not be an excuse for a probation violation and the driver will face a Los Angeles probation violation hearing because when a person is on DUI probation, he can not have any alcohol in his bloodstream during driving.

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