Found an issue on this page? Let us know and we will look into it as soon as possible.
What is the difference between "Summary Probation," and "D.U.I Probation?"
Anonymous6 views6 answers
I recevied a DUI on 1/10/2009. I have since finished paying my fine, work projects, M.A.D.D, DUI classes, and am only awaiting probation to end.
I decided to request my background check from 2 different agencies. Both agencies listed the same thing which is "Summary Probation ends 07/07/2012," and "DUI Probation ends 07/07/2014." This is my only offense.
My questions are
What is the difference in these two probations?
Why would "Summary Probation" end 07/07/2012, but "DUI Probation" ends 07/07/2014?
If I get off Summary Probation on 07/07/2012, can I then request my DUI Probation to end on 07/07/2012 (with formal motion)?
What are the chances that the judge would let me off of "DUI Probation" at this time?
Any responses are most appreciated. Thank you for your time.
I've never heard of two different probations. Depending on the jurisdiction, you could have gotten 3 years or 5 years probation (most misdemeanor probation is "informal" or "summary" - DUI probation should be the same) on a first offence DUI, but that should be spelled out clearly in your paperwork. Review whatever you got from the court, or if in doubt, go back and get a copy of your court minutes which will show exactly how much probation you got. If you have done everything you've been asked to do, and are at the end of (one of) your probation(s), you can petition to have your probation terminated. But first - find out what length of probation you are on. Good luck.
Mr. Feasel is correct. It sounds as if your DUI might have been ehanced as your BAC might have been .05 or more. That is why you might have received a 5 year probation, instead of the typical 3 year summary probation. Check your docket sheet when you pled.
Background checks from private companies are notoriously inaccurate. You should check the minute order from your sentencing to confirm the duration of your probation. If you do not possess the minute order, request a copy from your attorney or simply go to the courthouse where you were convicted and ask for the court file from a clerk in the criminal office. Normally, misdemeanor convictions result in three years of summary probation, but DUI cases may instead be for a period of five years. If you've otherwise completed all terms and conditions of probation, as well as paid off all fees and fines, you may want to consult an attorney about early termination of probation and an expungement. If you have any questions about this please feel free to contact my office directly.
For a DUI here in San Diego, you are placed on probation for five years. The reason there is a three year indication on the record is because almost all other misdemeanors are three years probation. The record is imprecisely showing the longer five year term.
Once you have done half the time, two and a half years, the judges here in San Diego will regularly grant a motion to terminate probation early. So, you do not have to wait three years. You should contact a local attorney who can helpmyou with the motion and what needs to be said to get it granted.
In San Diego County most DUI's have a 5 year term of probation, there are certain exceptions. The good news is that often with the help of an experienced attorney you could have your probation terminated early and expunged so that background checks in the future would not show your probation status or conviction. You can qualify for early termination after 2 1/2 years on probation. You should consult with a DUI attorney to assist you.
