Found an issue on this page? Let us know and we will look into it as soon as possible.
Convicted of 23152(b) VC with probation until 09/18/12. Is it possible to get an early termination of Probation & dismissal?
Anonymous3 views3 answers
I am a contractor and was recently offered an employee position, but because of the DUI on my record the employer had to deny me the position. They said if I can get the charge off my record I could be hired. The irony is I live in San Francisco now and I don't even drive to work! My job doesn't require driving, but the employer is apparently bound by a contract with its clients not to hire anyone with a bad driving record. With economic times as difficult as they are, I can't believe something like this is really preventing me from getting a job!! The two attorneys I have talked to so far did not seem confident that it could be done. I am a responsible professional who made a mistake; does this really have to ruin my life??
Possible, YES, likely, who knows... Here is why I say who knows, the judge decides on whether he will allow an early termination. You are going to have to show a severe hardship (which I think you can show) in order for the judge to allow it. You will have to probably go under oath, ect. Maybe even get an affidavit from a prospective employer.
Feel free to contact my office with any questions.
Elliot R. Zarabi, Esq.
(818) 478-9895
My colleague provided a good response. It's very difficult to terminate a DUI probation. Make sure you do your DUI classes and pay all fines and court costs first because I don't see a judge terminating anything if you owe anything besides time on probation. Don't be afraid to file a motion or have a lawyer do it for you. You need to fight!!!
This response does not create an attorney-client relationship.
It is possible to get probation terminated early, and then get the charge expunged. The prosecutor will probably argue against it. Should you decide to petition the court for early termination of probation, be sure to finish all other aspects of your probation (ie. alcohol classes, fines, etc). Also, it is a good idea to get affadavits from others speaking to your character, need for the early termination (ie. letter from prospective employer), and if there are other things you have done that shows you are a citizen of good standing (ie. non-profit work you've done) that shows you are an upstanding person, that may be beneficial to swaying a judge in your favor. An attorney in your area can assist you with this. Is your conviction from San Francisco? or southern california?
