Legal Question in DUI Law in California

I would need more information. Have you filed a formal motion to terminate probation? What are you doing to show that your probation should be terminated? Do you have an attorney working on this or you attempting to "go it alone?" Without these answers, it is tough to be of help.

The jail time could be up to a year (you'd serve a lot less, maybe about 25% of that). Are you thinking of going to jail instead of being on probation? That's very complicated and carries with it consequences that may be far more severe than you know. You need to sit down and talk to your lawyer (or another lawyer of your choice) and discuss your options. If you had a private lawyer (as opposed to a public defender), talk to your lawyer. If you don't want to, I'd be happy to talk to you and try to figure out what the best course of conduct is to meet your goals. Please don't hesitate to contact me. Good luck. Steve Mandell [email protected]

First, it would appear that you already have a no-probation offer: 30 days of Cal-Trans, which is a jail alternative; most Santa Rosa DUI defense lawyers would assume 30 days of county work is an awful lot for a .15 1st so, absent other aggravating circumstances in your DUI, it sounds like your jail offer (which conveniently includes the Cal-Trans jail alternative) has already been bumped up to accommodate your no-probation or early termination request. A local attorney is critical to confirming this.

Second, other courts (Sonoma County and elsewhere) have agreed to reasonable no-probation resolutions after receiving a letter from a recruiting officer stating what concrete measures have actually been taken to show serious interest in applying, such as recruitment office visits, taking the ASVAB test, and completing your physical. Such letters often include an actual request from the recruiting officer to allow a decent no-probation resolution, or a shorter probation period. These letters often include the writer�s personal knowledge of the recruit and an indication that the recruit is a strong candidate who should be allowed to serve his/her country. In your case, a letter from your elected city representative might also help move the city attorney.

Finally, one can always set the case for trial and attempt to obtain a reasonable resolution during pretrial negotiations just prior to your case being tried, and/or take your lumps and simply apply for early termination with the court some months following resolution with the additional documentation discussed here. Additionally, proof of substantial AA attendance may further your current or future court goals, and your military application.

Your situation is precisely the type that calls for negotiating savvy from a local DUI defense attorney. This is exactly what we do: take a client�s DUI facts and viable defenses, and his/her unique life situation, and advocate for a favorable or reasonable result. If you cannot afford to hire a lawyer, then obtain the services of the public defender to accomplish your goals.

Good luck,

Jake