Los Angeles DUI Lawyer Blog

California Vehicle Code 23600 prohibits driving with any measurable amount of alcohol in your system if you are currently on probation for a DUI. This section of the Vehicle Code is referred to as the Zero Tolerance Law.

Prior to January 2009, the aforementioned section allowed a Judge to revoke probation unless the person violating probation agreed to serve at least 48 hours in County Jail, in the situation that the zero tolerance law was violated and the Blood Alcohol Level (BAC) was over a .04%.

The current law, however, has gotten a lot stricter. If you are now caught violating the Zero Tolerance Law, the DMV will automatically suspend your driver's license for a year. Additionally, the new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of the person who is caught driving with a BAC over .01%.

In light of the new law , it is now more important than ever to hire an experienced Los Angeles DUI and Criminal Defense attorney who has defended thousands of probation violation and DUI cases. There is a crucial 10 day time limit to request a DMV hearing, which will determine the status of your license. If a DMV hearing is not promptly requested, you may lose your opportunity to state your case to a DMV officer resulting in a revocation or suspension. The knowledgeable attorneys at Hoffman and Associates prepare a powerful defense specific to the facts of your case that you obtain the best desired outcome possible. Our thirty years of experience are reflected in the solid reputation we have built among the many Judges and Prosecutors in the Criminal courts of Southern California.

Continue reading "How does California's Zero Tolerance Law affect my Probation Violation in a Los Angeles DUI case?" »

When a person is charged with a Los Angeles DUI case they are required by state law to be placed on a minimum of 3 to 5 years of Summary Probation along with a fine to be paid and a rehabilitation program to be completed. In some cases jail time will also be required.

There are two types of probation, informal and formal. Informal probation is generally the case for first offense misdemeanor DUI charges. It is unsupervised whereas formal probation requires the supervision of a deputy probation officer and is usually part of a sentence in more extreme felony charges of DUI.

There are two type of probation violations: external and internal. An internal probation violation results when a person fails to complete the required rehabilitation classes or pay the required fine. An external violation results when a similar crime is committed within the probationary period.

When probation has been violated a warrant is put out for the person's arrest. Sometimes the court will send out a notice, but oftentimes there is no notice, just an arrest. The judge is not required to reinstate the probation and has the discretion to add additional sanctions for the violation, including jail time.

An experienced Los Angeles DUI attorney has appeared on hundreds of probation violations cases. At Hoffman and Associates, we appear on your behalf in front of the judge, decreasing the possibility of being arrested in court. One of our most recent clients with a probation violation got the probation reinstated without additional sanctions or any jail time. After 30 years of practice, we have built a solid reputation before the criminal judges in Southern California. The value of this reputation is reflected in the outcome you want. Contact our office for a consultation without cost of obligation and learn what we can do for you!

A Criminal Case is not complete until the defendant has appeared in court for all required court dates and when sentenced probation has been completed. Oftentimes, due to circumstances out of our control, probation can easily be violated causing the Defendant to appear in court and have the Criminal Judge decide on what further action will be taken.

An experienced Los Angeles Criminal and DUI Defense Attorney has helped thousands of clients receive a lower sentence including a favorable and minimal probation. Furthermore, they have also helped thousands of clients make powerful arguments in front of the Judge to reinstate their probation when it has been violated.

Probation may be violated in several different ways and is often imposed from three to five years depending on the specific Criminal Charge. In some cases the Defendant is charged a fine or fee to pay restitution. If this payment is not made, or untimely, a probation violation will occur. The defendant may also be asked to complete certain rehabilitation programs, which, if not completed will result in a probation violation.

In certain instances specific rules may be imposed and if violated will lead to a probation violation charge, as will a failure to appear in court when asked to do so by a Judge. Another action that will be grounds for a probation violation is if a defendant fails to report to an officer, if it is part of their probation requirements.

Some violations will be of a more serious nature and will therefore lead to harsher consequences. If a defendant on probation is caught with an illegal substance, found committing another crime, or arrested, the result of such misguided actions will not be taken lightly by the Criminal Court.

Whether the probation violation is on the higher end of the spectrum or towards the lesser degree, it is smart to have a knowledgeable Los Angeles DUI and Criminal Defense Attorney on your side. A Lawyer, such as Ronald Hoffman, has been practicing Criminal and DUI Defense for over thirty years and has built a solid reputation with the Judges and Prosecutors throughout Southern California. He knows how to build a strong and strategic defense for your specific case and can get your probation reinstated without further consequences. Call our office for a no obligation consultation today!