Legal Question in DUI Law in California

dui informal probation

i was recently arrested for my first and LAST,dui. I dont deniy anything, and am completely ready for the consiquences, except for the ''informal probation'' that lasts 3 years... my problem is that i have been planning on joining the coast gaurd and due to this probation i cannot inlist. I have not been to court yet, but was wondering if it would be possible to sway a judge to drop the probation? the majority of my family are in law inforcment and willing to write letters of reccomendation if that would help?

thanks,

Jeremy


Asked on 6/25/08, 9:39 pm

1 Answer from Attorneys

Hudson Bair Kapsack and Bair - DUI Attorneys

Re: dui informal probation

You should verify that informal probation will prevent you from enlisting, I understand that with the current lack of enlistee's the military is modifying it's requirements. Informal probation is also "unsupervised" probation.

Many Judges will consider a no probation plea bargain... at a price. The statute has an increased penalty for a no probation resolution and often times Judges will make a no probation deal very unattractive. However, if your recruiter comes in with you and has the enlisting paperwork with him and the Judge can watch you enlist after you plead, it may work.

Also, most Judges like probation as it allows them to monitor your behavior and compliance with sentencing, be prepared to show that you have paid the fine and completed the school when you "plea out."

Finally, you can not expunge any case that has not been granted probation as an expungement requires successful completion of probation.

A lawyer in your area can provide more insight into the prevailing opinions of the Judges in your jurisdiction regarding no probation deals for persons interested in enlisting as well as information regarding possible defenses that may help you avoid and conviction.

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Answered on 6/26/08, 7:21 am


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