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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Vista DUI Probation Violations

Vista Court DUI probation violations can be any violation of the terms of probation.  The period of probation runs from three to usually five years of informal probation, those terms include: Do not drive with a measurable amount of alcohol in your system, do not drive without valid license and insurance, take a chemical test if requested to do so by law enforcement, violate no laws other than minor traffic. DUI probation violations of these informal terms are usually only discovered if a new case is filed in the same Court, or another jurisdiction reports a new case filing other than minor traffic infractions like speeding etc.  If you are cited for any misdemeanor or felony, even driving on a suspended license with no insurance, or new DUI, then the Court Clerk’s Office does a computer sweep and picks up any open probation cases which will then accompany the new case into Court for a revocation and action on the Probation Violation. 

In addition to these informal conditions, there are specific performance conditions which are monitored because they require proof being filed with the Court, or trigger a negative report from programs. Most DUI sentences involve seeing the Clerk’s office by a deadline date to set up fines, be referred to DUI programs and maybe also seeing probation to set up public work.  Failure to report to set these things up triggers a negative report and a DUI probation violations along with a warrant for your arrest.  Similarly, if you fail to complete the program or public work as required, a negative report triggers a violation and warrant.  You could be picked up and held up to 10 days pending a Court appearance.

A probation violation is heard by a Judge alone.  You have a right to a hearing, to see the evidence against you, crossexamine any witnesses, not testify, subpoena witnesses at no cost and have an attorney.  The proof required is less than beyond a resonable doubt.  If you admit the violation or are found to be in violation at an evidentiary hearing, you can be resentenced up to to the remaining maximum time and fine. Usually this doesn’t happen, but the Judge could impose some custody, public work, additional fines, suspensions, extend probation and refer you to finish what you did not do.  Christoph Law Offices over 30+ years across from Vista Courts have handled hundreds of probation violations, usually without you having to appear, avoiding arrest or posting bail and getting you re-referrals or back on probation without additional penalties, call for a free consultation 760-941-5720.

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