Early Termination of Probation & Expungement, Redondo Beach

A week before Christmas, in 2020, our client, then 52 years old, was arrested on suspicion of driving while under the influence of alcohol. There was no car accident. He drove onto the Strand, where he stopped and fell asleep behind the wheel, while trying to drive home from a bar in Hermosa Beach. His BAC was 0.19%.

This was his first DUI and largely was triggered by depression over family issues.

A case was filed alleging DUI and eight months later, our client entered into a plea bargain to a violation of Vehicle Code § 23152(b), also known as driving under the influence of alcohol with a blood alcohol content of 0.08% or higher by weight.

The terms of the plea bargain were that our client was placed on three years of summary (informal) probation on the following terms and conditions: payment of a court fine of $390, plus penalties and assessments (with two days’ credit, the total was reduced to $878); enrollment in and completion of the AB 762 (six month) alcohol awareness program; payment of the City of Hermosa Beach booking fee of $369 and attendance at the MADD Victim Impact Program.

After about six months, our client, a film consultant, completed all terms and conditions of probation except the passage of thirty more months of summary probation.

With less than year left on his probation, our client called Greg Hill & Associates and explained pressing employment and travel needs to work on certain films in Canada. He asked if his probation would be shortened to as to end it. This would help him work in Canada, as the reader of this summary may know, because Canada has strict restrictions on admissibility to those with recent convictions for DUI.

More importantly perhaps, in the almost three years since the arrest, our client made recovery his top priority. He was then almost 55. He had definitely learned his lesson and would never turn to alcohol to help him cope with anxiety, depression or other personal issues – and then drive afterwards.

However, the DUI conviction was causing him to miss job opportunities while on probation. This was having a crippling impact on his professional life. He did not want to continue to pay for his mistake.

Greg then explained to the client how judges generally treat motions for early termination of probation and what is considered. First and foremost, he explained that just because the statute for DUI specifies a three-year minimum term of probation, this does not mean that the legislature meant to exclude DUI from being shortened, based on a judge’s consideration of certain factors.

First and foremost, Greg explained, it was helpful if the client did not request early termination until completing all affirmative obligations, for example, things a defendant was required to perform, of probation (everything except the passage of time). Here, our client had completed all his affirmative obligations such as paying the court fees and fines, finishing the DUI class, etc.

Second, a motion for early termination should explain that being on probation has created or caused an unexpected negative consequence of some sort that was not anticipated when defendant entered into probation Here, our client did not realize when he entered his plea in this case that he would be limited in his employment opportunities and barred from entry to Canada.

Our office then prepared and filed the motion for early termination of probation, explaining all these unexpected, negative consequences. The motion was filed in the Torrance Superior Court and our office served the Redondo Beach City Prosecutor’s office with the motion.

A hearing date was then set by the court for a hearing on the motion and Greg attended the hearing on the client’s behalf (he was in Tennessee for work on a film there).

The Torrance judge assigned the motion granted the motion. The Redondo Beach City Prosecutor’s Office did not oppose the motion.

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