Do you know that a dropped DUI charge is indeed a possibility in California? If you have been convicted of DUI and are looking to have your charge dismissed prior to going to court, you may have the chance to do so. In California, the police arrest approximately 1.5 million people yearly for DUI. In the United States, it is against the law to drive with a blood-alcohol level that reads .08% or more. Those pulled over for drunk driving may be charged with a DUI. Find out how a DUI charge can be dismissed.
Complete Probation
Those convicted of DUI in California will get probation to keep them out of jail as long as they comply with the terms and restrictions that have been laid out. Based on their DUI charge and whether it is their first or second offense, the conditions imposed will vary. Generally, those convicted will have their driver’s license suspended for six months or up to four years and DUI education needs to be completed as well as spending a number of days in the county’s jail.
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The probation period is not the same for everyone. In general, you will get three to five years of information probation without a probation officer. If all terms and conditions that have been laid out are closely followed during probation, dismissal is possible under the penal code section 1203.4. However, a solid case needs to be presented to the judge which requires the aid of a great defense attorney.
Compliance with Requirements
For the dismissal of a DUI charge, you need to qualify for certain criteria. Your probation must have been completed or terminated and all conditions of your probation must be fulfilled before a dismissal appeal can be made. You must also not be convicted of any new crimes or are currently serving a sentence for other convictions. Lastly, your misdemeanor must be eligible for expungement.
In California, for your misdemeanor to be dismissed, you need to qualify for several more things. Your probation needs to have been completed or terminated while also having all its requirements fulfilled. You must also not be convicted of any new crimes or have pending criminal charges against you. Once all these criteria have been fulfilled, you can present your case to the judge.
Claim an Unreasonable Traffic Stop
You can fight to drop your DUI charge if you feel that the police officer pulled you over for no reason. A claim of an unreasonable traffic stop could be a valid case if you feel that the officer pulled you over just because of their gut feeling.
Check for False Sobriety Tests
You may not be aware of this but the sobriety tests conducted by police officers are not always accurate. Even sober people may struggle to walk in a straight line, stand on one leg, or say their ABCs backward. This could also be a valid case in court.
Prove the Violation of Breath Test
A breathalyzer may produce false positives if not properly maintained or administered. Medications, mouthwash, or exceeding a limit of 15 minutes before testing your breath are all factors that can occasionally produce false results.
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