Redondo Beach, DUI, Probation Ended Early & Expungement
Overview: Redondo Beach DUI with injury, but case brought as misdemeanor, client has 0.30% BAC, probation terminated early and expungement granted.
It seemed as if the case easily could have been brought as a felony DUI, but it was not. The Redondo Beach City Prosecutor continually reminded counsel of this, but ultimately resolved the case and the judge placed our client on three years of informal, or summary, summary probation.
After a year of summary probation, the client had paid all court fees and fines, the booking fees ($145 then, to the City of Redondo Beach), the restitution to the victim (over $1,200) and attended a nine-month alcohol awareness class (the AB 1353 program). He then came to Greg Hill & Associates to see if a motion to modify probation to end it was possible, as he had read about this on the Internet as possible.
After all, his employer was well aware of the conviction and his status on probation. His security clearance was always in limbo of being revoked due to his conviction and being on probation. His employer was fearful he may violate probation, be arrested and spend time in jail, thereby missing work. The client also could not risk applying for a new job within the defense industry, which might be impossible to get after the employer knew of his status on probation.
Greg Hill candidly told the client that it was too early and he ought to wait at least until half the period of probation had passed. Greg also recommended, due to his experience with the judge who would be hearing the motion and the rather severe nature of the DUI, that the client attend twenty additional AA meetings to help persuade the judge to end probation early.
The client did exactly as Greg recommended and Greg filed the motion to modify probation at the 18 month mark of the client’s probation. The Redondo Beach City Prosecutor acted flabbergasted at the request, reminding the judge of the serious nature of the case (the high BAC and the injuries) and that the victim in the case was continuing to undergo medical treatment for her injuries (a neck sprain only) from the collision.
The judge denied the motion for early termination of probation, but hinted that he would reconsider the request at the two year mark and only if the client continued attending AA meetings. The client did so exactly as suggested, accumulating 50 AA meetings to his credit.
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