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Van Nuys, Early Termination on Non-Alcohol DUI Probation
On January 4, 2022, our client, then 39 years old, was arrested on suspicion of driving while under the influence of alcohol and drugs, as well as for violating Health and Safety Code § 11550(a).
The client’s blood alcohol content was 0.00%. However, the client had ingested heroin which was, unbeknownst to him, laced with fentanyl. The fentanyl caused our client to pass out and then rear-end another car on the 405 Freeway.
This was his first-time DUI. Police responded to the location. No one in the other car was injured, but their car suffered property damage, which our client’s insurance later paid the repair expenses related thereto in full.
A criminal case was filed in the Van Nuys Superior Court against our client for violating Vehicle Code § 23152(f) and Health and Safety Code § 11550(a). In August, 2022, our client later entered into a plea bargain to a violation of Vehicle Code § 23152(f). The Health & Safety Code § 11550 charge was dismissed.
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); enrollment in and completion of the AB 541 program; payment restitution to the victims (which was zero), and attendance at the MADD Victim Impact Program.
Within three months, our client completed all affirmative obligations of probation. He made fulfilling these obligations a top priority. He also kicked his drug habit.
However, he could not get a higher paying job to support his wife and three-year old daughter. He worked as a part-time lifeguard, but the pay was not very good.
He then called Greg Hill & Associates and asked about early termination of probation and expungement. In speaking with Greg, he first described what had taken place and then how probation and the conviction was financially, a capital offense to him.
Greg explained that one on probation may request that the judge end probation early under California Penal Code § 1203.3, subdivision (a),which provides that “[t]he court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence.” See e.g., People v. Allen (1975) 46 Cal.App.3d 583, 588.
Greg explained that the judge can exercise this authority well before the term of probation ends. For example, in People v. Reyna Killion (4th App. Dist., 2018) 24 Cal.App.5th 927, the Fourth Appellate District held that a judge could terminate formal probation in a felony domestic violence case after just one year of probation. Penal Code § 1203.3(a) applies to allow termination of probation “at any time” upon the showing of good cause.
Greg then explained what a judge would look for in someone who sought early termination of probation. Here, it was good that the client made satisfying the terms of probation a top priority, that he had kicked the heroin habit and that he faced unforeseeable financial hardship.
The biggest argument that the client needed to demonstrate was that he faced unexpected financial hardship, which certainly applied to him because his daughter was his first child and he had no prior experience with how expensive she proved to be.
Greg then prepared a motion for early termination of probation and filed it at the Van Nuys Superior Court. Greg also served the Los Angeles City Attorney’s Office with the motion.
The client’s blood alcohol content was 0.00%. However, the client had ingested heroin which was, unbeknownst to him, laced with fentanyl. The fentanyl caused our client to pass out and then rear-end another car on the 405 Freeway.
This was his first-time DUI. Police responded to the location. No one in the other car was injured, but their car suffered property damage, which our client’s insurance later paid the repair expenses related thereto in full.
A criminal case was filed in the Van Nuys Superior Court against our client for violating Vehicle Code § 23152(f) and Health and Safety Code § 11550(a). In August, 2022, our client later entered into a plea bargain to a violation of Vehicle Code § 23152(f). The Health & Safety Code § 11550 charge was dismissed.
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); enrollment in and completion of the AB 541 program; payment restitution to the victims (which was zero), and attendance at the MADD Victim Impact Program.
Within three months, our client completed all affirmative obligations of probation. He made fulfilling these obligations a top priority. He also kicked his drug habit.
However, he could not get a higher paying job to support his wife and three-year old daughter. He worked as a part-time lifeguard, but the pay was not very good.
He then called Greg Hill & Associates and asked about early termination of probation and expungement. In speaking with Greg, he first described what had taken place and then how probation and the conviction was financially, a capital offense to him.
Greg explained that one on probation may request that the judge end probation early under California Penal Code § 1203.3, subdivision (a),which provides that “[t]he court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence.” See e.g., People v. Allen (1975) 46 Cal.App.3d 583, 588.
Greg explained that the judge can exercise this authority well before the term of probation ends. For example, in People v. Reyna Killion (4th App. Dist., 2018) 24 Cal.App.5th 927, the Fourth Appellate District held that a judge could terminate formal probation in a felony domestic violence case after just one year of probation. Penal Code § 1203.3(a) applies to allow termination of probation “at any time” upon the showing of good cause.
Greg then explained what a judge would look for in someone who sought early termination of probation. Here, it was good that the client made satisfying the terms of probation a top priority, that he had kicked the heroin habit and that he faced unforeseeable financial hardship.
The biggest argument that the client needed to demonstrate was that he faced unexpected financial hardship, which certainly applied to him because his daughter was his first child and he had no prior experience with how expensive she proved to be.
Greg then prepared a motion for early termination of probation and filed it at the Van Nuys Superior Court. Greg also served the Los Angeles City Attorney’s Office with the motion.
At the hearing on the motion, the Los Angeles City Attorney argued very emotionally that “a deal is a deal” and that having less employment opportunities while on probation is not unexpected.
Greg responded that our client had never been on probation before and, moreover, the real issue was having a child and all the expenses that went along with this that he never anticipated, as he had never had a child to support before. Moreover, if he could not support her financially, the collateral effects of being on probation would affect her and she certainly had no role in the DUI.
The judge seemed to struggle with how to rule, particularly since there was a car accident, but after about ten minutes of discussing the case, agreed to terminate probation early.
The client was extremely happy with this. Our office then filed a petition for dismissal (“expungement”), which was granted with no opposition from the Los Angeles City Attorney’s Office.
