DUI Probation Violation – What is likely to happen

Written by James Hirby | Fact checked by The Law Dictionary staff |  

Read in: Spanish

It is often a struggle to try and figure out what part of probation do probation violators not understand. Brilliant move, it is.  It is also often a struggle to figure out why probation violators are so surprised by the fact that quite a bit of bad is likely to happen for being momentarily short on upholding the trust given by the courts and violating probation, especially in the wonderful state of California.  Probation is a statement of trust with which the judge allows the convicted person to not do jail time in trade for the convicted person’s agreement to obey the law during the period of probation and following other rules, like reporting in to the assigned parole officer.  It is expected by the court that the convicted person will respect these expectations of the judge and court and uphold that given trust.  A probation officer is assigned to the case and this is the person to whom the probated person now reports, providing evidence of meeting the court’s expectations.  Then, this DUI probation is violated.  A second DUI occurs and an arrest occurs for being on probation and violating the law again.  Experts say that it is likely that any penalties that the judge went lenient on from the first DUI may be re-applied now.  That includes jail time.  It especially includes jail time.  The mandated penalties from the second infraction can be, and will likely be applied in addition to the first occurrence’s penalties.  See where this is going?  The probation from the first occurrence will likely be revoked.  The parole officer or the court could issue a bench warrant for the violator’s arrest because of the breech of probation.  The result of this bench warrant could be immediate jail time.  Some experts recommend turning oneself in to the police voluntarily for the probation violation to save the embarrassment of being arrested at work, or while doing chores, or even at home in front of family.  A few people with experience from bench warrants said to immediate contact a lawyer who will tell the police the violators schedule and that the violator will voluntarily surrender when the bench warrant is issue.  Notice that is was “when”, not “if”.  Essentially every violator that related his or her experience stated that violating probation was even more wrong a move that doing the initial DUI, fully due to the results of that reappearance in court.  They all said (paraphrased) that it gave a new meaning to feel bad, mad and stupid about oneself, a real sense of hopelessness, inflicted on one’s own self.  Another bit of reality that occurs in the violation hearing is that the violator’s lawyer has little to use to try to lessen the impact.  The trust is gone, the characterizations are useless, little circumstantial will have any effect, because the judge will simply not want to hear it.  The court tried it once with probation and now here we are.  It will not work the second time.  In fact, no one related the experience of having successfully gained probation on a second DUI where it violated probation on a first DUI.

More On This Topic



Comments are closed.