Beverly Hills DUI Probation Violations
When a defendant is convicted of driving under the influence in Beverly Hills, he or she will usually be placed on probation and the judge will impose several terms and conditions that the defendant would be expected to follow. If the defendant fails to follow the terms of probation or is charged with a new crime, he or she would face a Beverly Hills probation violation. This violation can carry additional penalties, including jail time.
What is required of a Beverly Hills DUI defendant on probation will depend on a number of different factors, including the defendant’s blood alcohol content, whether or not there was a collision, the defendant’s prior record and other underlying factual circumstances. The term of probation for a Beverly Hills DUI offense is typically between three and five years. During this probationary term, the defendant will be expected to not violate the law and to complete whatever requirements are dictated by the sentencing judge. This commonly includes attendance of an alcohol education class, fine payment, community service or community labor, AA meetings and other miscellaneous requirements.
For every program and payment required of the defendant, a compliance date will be provided. The defendant may also be required to periodically return to court to appear before the sentencing judge to show proof of progress. If a filing deadline is missed or if the defendant fails to appear at his or her court date, a probation violation will be triggered and the judge handling the case will issue a warrant for the defendant’s immediate arrest. A probation violation and warrant can also be triggered by any new criminal charges. In many cases, this occurs when the defendant is caught driving without a license or without proper insurance. A probation violation can also be triggered if the defendant is found to be driving with a blood alcohol content in excess of 0.01 percent.
Upon being convicted of a DUI offense in Beverly Hills, the defendant would be required by the Department of Motor Vehicles to have an Ignition Interlock Device (“IID”) installed into his or her vehicle. This is because of the DMV’s Pilot Program which requires an IID for all defendants convicted of a DUI offense in Los Angeles County, where Beverly Hills is located. If the defendant is pulled over and he or she does not have an IID as required, new charges of driving on a suspended license under California Vehicle Code Section 14601.2 VC can be filed. In addition, the judge can violate the defendant’s DUI probation.
If there has been a probation violation and corresponding warrant, the defendant would be required to appear at the Airport Courthouse located at 11701 South La Cienega Boulevard, Los Angeles, CA 90045 to handle the warrant and violation. The defendant may also have to address new charges at this time as well.
The defendant may challenge the probation violation at a probation violation hearing. The defendant is not entitled to a jury for this and the judge would ultimately determine whether or not the defendant violated probation. If the violation is found to have occurred, the judge can reinstate the defendant on probation or can revoke probation and make the defendant serve out his or her sentence in jail. If the judge chooses to put the defendant back on probation, there may be additional punishments assessed.
If the basis of the probation violation was a failure to pay fines or restitution as ordered, the sentencing judge may order that an ability to pay hearing be held. If the defendant is required to pay restitution to a victim, only a willful failure to pay would justify a violation. In many cases, the defendant may be financially insolvent and cannot make payments despite his or her best efforts. In these cases, the judge can extend the length of probation to ensure that the full restitution amount is paid or the judge can simply convert the restitution owed to a civil judgment against the defendant that could not be discharged in bankruptcy and would attach to the defendant until it is paid in full. If a defendant has failed to pay fines, the judge may allow him or her to complete additional community labor hours or jail time instead.
If you are dealing with a Beverly Hills probation violation, it is important that you speak with a Beverly Hills DUI Attorney immediately. Beverly Hills DUI Lawyer Michael Kraut has had a tremendous amount of success in helping clients who have been charged with probation violations on DUI cases.
For more information about Beverly Hills DUI probation violations, and to schedule your free consultation, contact Beverly Hills DUI Attorney Michael Kraut at the Kraut Law Group located at 8484 Wilshire Boulevard, Suite 660B, Beverly Hills, CA 90211-3220. Mr. Kraut can be reached 24/7 at 310-550-6935.