Did I violate DUI probation by getting arrested for PC148.5(B)? 10 Answers as of November 27, 2010

I am on informal probation for a California DUI and was arrested for PC148.5(B). It has been 3 years since the DUI. Did I violate probation? What penalties am I looking at?

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Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
It depends on the term of probation for the DUI case.

If you were still on probation, any arrest for any misdemenaor or felony will violate that probation and could subject you to more punishment.

Some of the extra punishment will depend on whether you have completed all of your other duties under probation (DUI program, payment of fines, etc). Ultimately, you could receive an extra 180 days of county jail, separate from the penalty for the new case.

You should contact an experienced defense attorney to help you with these cases.

If you have any other questions, please call my office.
Answer Applies to: California
Replied: 11/27/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
DUI probation is normally 3 years. It automatically ends exactly 3 years after you were sentenced.I don't believe this would result in a violation in any case since you were probably placed on Court Probation and they usually do not pick up on a new offense.
Answer Applies to: California
Replied: 11/26/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you are still on probation, then, oh yeah. Whether you will be violated and charged with that, is up to the DA and court. If you are serious about getting counsel to help you in your current charges, and the PV, feel free to contact me.
Answer Applies to: California
Replied: 11/26/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If he has one prior strike he faces doubling of penalty on whatever actual charges are filed against him now. With two prior strikes he faces 25-life. If he is serious about hiring counsel to represent him, feel free to contact me. He definitely need legal help.
Answer Applies to: California
Replied: 11/26/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
If you are convicted of a misdemeanor while on probation, that will be considered a violation. The penalties can vary. You should hire an attorney to help with your case. To potentially get charges dismissed, or at least negotiate a good deal with the Prosecutor.
Answer Applies to: California
Replied: 11/24/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Any violation of law can potentially violated a dui probation. One of the conditions of informal probation is "obey all laws." If your dui was a first time offense then your probation would have been for three years from the date of the conviction. You only violate probation if you are still within that time frame, however whether your violate may depend of the courts the two offenses are in. If they are in different counties then you may be safe. Even if in the same county you may not receive any additional penalty for the violation over and above what you receive for the 148.5 offense..
    Answer Applies to: California
    Replied: 11/24/2010
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Were you still on probation? If so you could have several different problems. You need to talk to an attorney.
    Answer Applies to: California
    Replied: 11/24/2010
    The English Law Firm
    The English Law Firm | Robert English
    It depends on your probation. Most probation periods are between 3 to 5 years. If you are still in your probation period, then a new offense would be a violation. If the probation has expired, then you only have to deal with the new offense.
    Answer Applies to: California
    Replied: 11/24/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Assuming you were still on probation when the 148.5(b) occurred, then yes it can be a violation of probation (if the court that sentenced you to the DUI finds out). The penalties could be up to the maximum jailtime that you could have received for the DUI minus whatever time you did do (so if your last DUI was a first, and you weren't given any jailtime, your 'exposure' for a probation violation from it would be 6 months). Contact a DUI specialist for a free consultation.
    Answer Applies to: California
    Replied: 11/24/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Look at your sentencing document which grants probation. I am sure it says not to commit ANY crimes. Usually motor vehicle infractions like speeding won't get you revoked; certainly another DUI will Here I am pretty sure they will revoke you. Assuming they do not prosecute you for the new offense they can revoke your probation and sentence you to the full sentence you would be eligible to serve for the DUI. You should not try to handle this yourself Get a lawyer. If you are in the Bay Area I can help you. Otherwise I can direct you to a good criminal lawyer in your area who could help.
    Answer Applies to: California
    Replied: 11/24/2010
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