VIOLATING DUI PROBATION

You will be in violation of probation if you fail to comply with the court ordered probation terms including failing to enroll/complete DUI classes, failing to obey all laws, failing to appear in court when ordered, or not completing your jail sentence. If probation is violated, the judge will issue a bench warrant and you will then be arrested and brought back to court to answer for the violation of probation.

VOP WARRANT

If you are picked up on a VOP warrant, you may not be able to get out of jail.  In some cases,especially if you never completed your jail sentence or if you picked up another DUI while on probation the judge may issue a no bail warrant for your arrest.  This means when you are picked up on the warrant you will not be released but held until your first court date.

VOP PUNISHMENT

On a violation of probation, the court can impose up the maximum sentence of the original sentence. For instance, on a first offense DUI the maximum punishment is up to 6 months (180 days).  Usually, the sentence on a first offense non aggravated DUI is maybe 10 days on the original sentence.  That means if you violate probation, they can give you up to 170 days.  In most cases they do not do this but that is what the maximum punishment is.  In most cases a first violation of probation usually comes with a 30 to 60 days sentence.  The more violations you have the more time they impose each time.

ORDER TO SHOW CAUSE

In some counties instead of violating your probation the court will serve you with an Order to Show Cause (OSC).  This will usually come with a court date for you to appear in court and explain to the judge why you did not do what the court ordered you to do.  This usually is because you failed to enroll/complete DUI classes, do community service, appear in court when ordered, or complete your jail sentence

AVOIDING A VIOLATION OF PROBATION/OSC

In most cases, violations of probations and OSC’s can be avoided by completing your court ordered requirements.  Sometimes people don’t complete their requirements because of financial reasons or that they run out of time before their deadlines pass.  In almost every case if a person returns to court and asks a judge for an extension of time to complete the requirements the judge will grant the extension of time, thereby, avoiding a VOP.  If completing the requirements is a financial hardship, most people are unaware that the court can stay or reduce fines and that paying for things like the DUI classes and Ignition interlock device can be reduced by fee waivers which are required by law to be provided by the providers.

YOU DON’T HAVE TO GET A VIOLATION OF PROBATION, CONTACT OUR OFFICE TODAY FOR A FREE SAME DAY CONSULTATION

We can help you get an extension of time or help get your fines reduced if needed.  If you are facing a violation of probation or order to show cause hearing, we can assist you in staying out of jail and to get you reinstated in good standing with your probation terms.  Call our office today at (916) 939-3900 to speak directly to an attorney about your case.  We are open 24/7/365 to answer your questions.