Glendale DUI Probation Violations
When a defendant is put on probation for a Glendale DUI offense, he or she will be expected to adhere to the terms and conditions of probation that are set forth by the sentencing judge. If the defendant fails to comply, he or she can be charged with a Glendale probation violation and may be sent to jail.
An individual DUI sentence in Glendale can vary depending on the circumstances of the DUI incident, the defendant’s criminal history and a number of other factors that may be deemed relevant. A typical probation term for a DUI in Glendale is between three and five years. During this time, the various requirements of probation must be completed within a timely fashion. This would include the DUI education class, fine payment, jail sentences, community service/community labor and anything else the sentencing judge has imposed. If the defendant misses a deadline or is kicked out of his or her alcohol education program, the court may be inclined to issue a probation violation and warrant for the defendant’s immediate arrest.
The defendant would also be expected to refrain from committing any new criminal acts and would be expected to only drive if he or she is licensed and has insurance in the amounts required by law. Failure to abide by these conditions could potentially result in a probation violation. In addition, the defendant would be barred from driving with a BAC of 0.01 percent or higher while on probation.
DUI convictions in Glendale would trigger the requirement of mandatory installation of an Ignition Interlock Device (“IID”) as part of the Department of Motor Vehicle Pilot Program, of which Los Angeles County is a participant. If an officer pulls the defendant over and he or she does not have an IID in his or her vehicle as required, the driver’s DUI probation may be violated. In addition, he or she could face charges of driving on a suspended license under California Vehicle Code Section 14601.2 VC.
It is usually the case that a Glendale DUI probation violation occurs after a missed court date or due date with the clerk’s office or when the defendant picks up new criminal charges. A judge from the Glendale Courthouse will authorize a warrant for the defendant’s arrest and will revoke probation. Once the defendant is arrested on the warrant or comes to court to handle the violation, he or she will appear before the judge to address the allegation. The defendant may also have to address whatever new criminal charges have been filed.
Under the law, a defendant alleged to have violated probation can challenge the allegation in a hearing before the judge. The judge may choose to place the defendant back on probation. It is often the case that a judge will assess further penalties due to the probation violation. If the defendant has had many chances at probation or if his or her violation is considered particularly egregious, the judge may opt to fully revoke probation and simply have the defendant serve out the underlying jail sentence.
There are situations where a probation violation is triggered by a defendant’s failure to pay victim restitution as ordered or court fines. California courts have determined that a person cannot be jailed for a failure to pay where he or she is financially unable to make the payment. However, if the court determines that the failure to pay is willful despite the defendant’s ability to pay, there may be repercussions including jail time.
Judges often allow defendants to convert court fines to community labor hours. When a defendant is financially unable to pay restitution, the judge may prolong the probation term and allow the defendant to make monthly payments until the restitution amount is paid off. In some cases, the judge may order that the restitution amount owed go out as a judgment against the defendant which would be valid until the debt is paid.
If you are dealing with a potential Glendale DUI probation violation, it is crucial that you speak with a Glendale DUI Lawyer as soon as possible. Glendale DUI Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly adept at helping his clients deal with probation violations, even in seemingly hopeless situations.
For more information about Glendale DUI probation violations, and to schedule your free consultation, contact Glendale DUI Lawyer Michael Kraut at the Kraut Law Group located at 450 North Brand Boulevard, Suite 600, Glendale, CA 91203. Mr. Kraut can be reached 24/7 at 818-507-9123.