Can you help with a motion to terminate DUI probation for a citizenship application? 11 Answers as of April 11, 2011

Can I file a motion to terminate DUI probation in California? I was sentenced 5 years probation in March 18th 2008. Almost 3 years have already served. Reason for wanting to terminate probation is an upcoming citizenship application in July 2011. Is this something that can be legally done?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Interesting question. The law requires a minimum of 3 year's probation for a DUI but nothing in the law specifically prevents the court from terminating probation early once probation is actually imposed. Some judges accept this argument and some don't.
Answer Applies to: California
Replied: 4/11/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes, a motion to terminate can be helped along by an attorney.
Answer Applies to: California
Replied: 11/22/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You can try. There is no guarantee of success, as granting the motion requires the judge agree with your statement of need and good cause for doing so. You will need to make the best argument available with your facts. If serious about this, feel free to contact me.
Answer Applies to: California
Replied: 11/22/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Yes, you can file such a motion.
Answer Applies to: California
Replied: 11/22/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Yes, this is possible. Call me for a free consultation to discuss further.
Answer Applies to: California
Replied: 11/20/2010
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You can always ASK to terminate a probationary period early. However, this motion is seldom granted unless there is a very compelling reason. Your reason is compelling; whether it would be enough for whatever judge you are in front of is not something you can know until you bring the motion.

    It is very helpful if you have the support of the probation department which is more likely if your fines are paid and all classes and public work service is completed.
    Answer Applies to: California
    Replied: 11/20/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes it can. In fact, citizenship is one of the few valid reasons for an early termination of probation. Consult an attorney who specializes in DUI and who will personally represent you from start to finish to bring this matter before a Judge for consideration.
    Answer Applies to: California
    Replied: 11/20/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Yes you can always ask a court to terminate probation if you have a good reason and no violations. If you were on five years probation and it was a misdemeanor you probably have a prior DUI conviction. If this is true you may have a problem with your citizenship application. If you don't have an immigration attorney you need to consult one.
    Answer Applies to: California
    Replied: 11/20/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    It can be done, but there will not be any guarantees that it will be granted by the Judge. You have a good reason, but it is not yet 3 years of your probation. These are competing factors, but it is still worth a try. Feel free to contact me.
    Answer Applies to: California
    Replied: 11/19/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Depends on the judge. I would first talk to your probation officer and see if he is willing to recommend an early termination.
    Answer Applies to: California
    Replied: 11/19/2010
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