DUI dismissal after 2 years?
Probation violation issue for failure to complete Court requirements
Question: I was pulled over in 06/17/2017 by a sheriff. The Sheriff called CHP to do a breath test, arrest, and book me in at the station. I was never read my Miranda rights. A year later in court I pled no contest. As part of my penalty I did some community work and did 2 weeks of DUI classes. I didn’t complete the DUI classes as I stopped going after I realized I couldn’t afford the classes and they wouldn’t work with my jobs hours. It has been a while now but I have a bench warrant out. I want to try to have my DUI conviction dismissed. Is it possible to get a dismissal of my DUI after 2 years?
Answer: Unfortunately, based on the factors you presented above, your DUI is not eligible to get dismissed at this time. Based on what you wrote, not only is there a bench warrant issue, there is also a probation violation issue. You cannot get a case dismissed through what is often referred to as an expungement while on active probation.
Although it is possible to get probation terminated early, that is not really an option for you due to the probation violation and outstanding bench warrant. You need to get the warrant quashed and probation reinstated. The next question is, will the court penalize you further for violating probation and not completing the Court requirements.
Also, failure to complete the alcohol program results in a license suspension. If you get pulled over for driving on a suspended license it will create another probation violation issue as well as a new misdemeanor charge for driving on a suspended driver license.
Call me as soon as possible at 818-336-1384 to discuss getting your case back on track to help mitigate/avoid future penalties on top of what was already ordered by the Court at the time of your DUI conviction. Once we get the DUI probation back on track we can then discuss getting probation terminated and your conviction dismissed.
Philip Hache, Attorney