California 1st dui probation violation!

[Unluckyman26]

On feburary 10th I got pulled over and arrested for a alleged dui. I wasn't in the car when I got pulled over. I went to court, got a public defender he told me that the court wasn't going to take my license that it was a dmv issue, and that I should go to the dmv and get a print out of my drving record because I had a temp drivers license which was a pink piece of paper they gave me.I got my driving record print out from the dmv on March 11 exactly 31 days from my arrest so I had the charge reduced to a wet reckless I think. Now the public defender told my that I can drive my car to the 12 hour alcohol program. So yesterday I was driving home from the alcohol program when I get pulled over for driving with a suspended license. I got my car impounded and got a 30 day hold on it. But I can't get it back because I have to have my license reinstated which requires me to have 90 day alcohol education classes and pay $125 reissue fee to the dmv. My question is do I keep doing my 12 hour alcohol program even though I violated my probation unknowingly. Whats going to happen when I see the judge? I'm going to jail? I blew at .08 if anyone wants to know. I also got community service for a $1,200 fee. I go to court next month.

[garrula lingua]

Originally Posted by Unluckyman26

On feburary 10th I got pulled over and arrested for a alleged dui. I wasn't in the car when I got pulled over.

huh ???

Originally Posted by Unluckyman26

I went to court, got a public defender he told me that the court wasn't going to take my license that it was a dmv issue, and that I should go to the dmv and get a print out of my drving record because I had a temp drivers license which was a pink piece of paper they gave me.I got my driving record print out from the dmv on March 11 exactly 31 days from my arrest so I had the charge reduced to a wet reckless I think.

Yes, DMV does the suspension of DL.
PDs don't get involved with DMV hearings or rulings.
It's your responsibility to comply with what DMV advised you, by letter, concerning your DL.

Originally Posted by Unluckyman26

Now the public defender told my that I can drive my car to the 12 hour alcohol program. So yesterday I was driving home from the alcohol program when I get pulled over for driving with a suspended license. I got my car impounded and got a 30 day hold on it. But I can't get it back because I have to have my license reinstated which requires me to have 90 day alcohol education classes and pay $125 reissue fee to the dmv.

It's also a 14601.2 - that carries a mandatory 10 day jail sentence.
If you bring proof of your having been at the alcohol program, the Prosecutor may dismiss the 14601, and the Judge may not consider this a probation violation.
BTW, the 12 hr program is usually for a wet, the 90 day prg is for a DUI.
Check on what you pled to.

Originally Posted by Unluckyman26

My question is do I keep doing my 12 hour alcohol program even though I violated my probation unknowingly.

Yes, continue to comply with the court's orders.

Originally Posted by Unluckyman26

Whats going to happen when I see the judge? I'm going to jail?

Most driving on susp for DUI is an automatic thirty days for the probation violation.
Bring all your 'evidence' to court with you and explain to the Judge.

Originally Posted by Unluckyman26

I blew at .08 if anyone wants to know. I also got community service for a $1,200 fee. I go to court next month.

Do everything the court ordered; check with DMV as to the status of your DL.
Go to DMV and find out how long your DL is suspended for and when the period of suspension began. Ask them to clarify that you are allowed to drive to and fro the alcohol program. Get something from the alcohol program showing you attended the program shortly before you were ticketed for the 14601.2; bring everything to court.

[Unluckyman26]

My temp drivers license was until 2- 10 -08 through 3-10-08. I got my driving record print out the next day on 3-11-08. Now I explained this to the DMV and they told me that on 3-11-08 they sent me a letter in the mail that my drivers license has been suspended, but I never got anything from them. I told them that if there was anything they can give me that I can show court and they told me no.

I have a print out from the dui school that shows I attended on the day I got pulled over.

If I do manage to get 10 days in jail or whatever, is there alternative to this. Can I pick community service instead of spending 10 days in county jail? Also can I choose to be under house arrest?

Other than that I have all the paperwork to explain to the court, except that letter the dmv sent me out on march the 11th.

[Unluckyman26]

Ok I pleaded no contest to count 2 violation of Vechicle code 23103 per 23103.5 whatever that is.

[garrula lingua]

Originally Posted by Unluckyman26

Ok I pleaded no contest to count 2 violation of Vechicle code 23103 per 23103.5 whatever that is.

Argghhh!

What do you mean 'whatever that is' ???!!??

'That' is a wet and reckless. It is priorable as a DUI, so don't drink and drive for ten years aftr the date of your plea. You may have one, two, or three years of probation- check your paperwork.

The 23103 per .5 usually requires only a 12 hr alcohol program, not a 90 day program. Check your sentencing/probation terms to confirm how long your alc prgrm is.

Can the alcohol program give you something (or do yo9u have their documentation which shows class times) which shows the time of day you attended, to match it with the time the ticket was issued ?
You should be able to beat the probation violation, and possibly the 14601.2 (at least reduce it to a 14601.1).

Don't plead guilty.
You need a hearing or a chance to tell the Judge exactly what happened.
Make sure you have all your paperwork lined up - the proof that you attended alcohol school that day, the copy of the citation issued, any other paperwork showing what time you were at alc. school. Make three copies of these docs (one for you, one for Prosecutor, original to Judge, one for PD).
Where you screwed up is that the form you were given when you were arrested, states you can drive for thirty days only.
You have to request an administrative hearing pronto if you want to contest a suspension.
You need to get DMV's permission for a 'restricted' DL - an OK to drive to/fro work and to alcohol program.
DMV and the court are DIFFERENT entities. You have to deal with each of them.
Contact DMV and find out if you can get a restricted DL and what you have to do to have your driving privilege restored (you need specific insurance, etc).
Good luck.

You should not be found to have violated the probation.
You messed up by not realizing you had a suspended license.

[garrula lingua]

How old are you, Unlucky ??

[Unluckyman26]

Yes I have the printout from the 12 hour alcohol program on the day I was ticketed.

I'm 26 and i'm unlucky cause I got my car impounded and I probably won't have the money to get it out.

Ok this is what the court wants from me: 12 hour alcohol program and 124 hours of community service. But the Dmv told me since my license has been suspended. they (DMV) doesn't want the 12 hour program but a 90 day program and $125 to get a restricted license.

So right now i'm going to worry about pleasing the courts and then work on the dmv issue.

[Unluckyman26]

I was ticketed with a 24252(A)VC which is a infraction for broken tail lamp, and 14601. After the . its scribbled out. I dont know if its a 14601.1 or 14601.2 etc. Whats the difference?

[garrula lingua]

So right now i'm going to worry about pleasing the courts and then work on the dmv issue

Unlucky, you normally have to be ordered into the 90 day alcohol program by a Judge.
Why does DMV want a 90 day program for you ? A 23102.5 only needs a 12 hr program.
You need to go down to DMV and sort this out before you go to court - the Judge may have to order the program, and you may want to advise the court that you will be doing more than the court ordered (it may help with the pv and the 14601).

Originally Posted by Unluckyman26

I was ticketed with a 24252(A)VC which is a infraction for broken tail lamp, and 14601. After the . its scribbled out. I dont know if its a 14601.1 or 14601.2 etc. Whats the difference?

The cop didn't know which it was.
A 14601.1 is simply driving on a susp dl - it's just probation and a fine (about $900, but no jail time).
A 14601.2 is driving on a susp dl - suspended for a dui.
It requires probation, same fine and a mandatory 10 days in jail for a first offense.

Prosecutors will often reduce a 14601.2 to a .1 in negotiations for a plea.
Use your paperwork regarding the alcohol program.
Don't be demanding, be respectful in asking for a dismissal/reduction.

[Unluckyman26]

So 23103 per 23103.5 only requires a 12 hour program. I told the dmv the court gave me a 12 hour alcohol program but they said 90 days. WHY?

If I talk to the judge early can he/she do anything to get my car out of the 30 day impounded hold? I talk to a auto detective and they said they can't release my car unless I have a restricted license. The DMV wants a 90 day program and my car has a 30 day hold on it. I'm thinking of going to the dmv and doing a transfer of ownership to my father. So that he can pull my car out after 30 days. But I still have to worry about a $1200 to $1300 fee to get my car out. lol I guess I really messed up big time huh.

[garrula lingua]

My best guess is that DMV is handling this as a DUI (VC23152(b) and not a wet VC23103 per 23103.5).

You need to go to DMV and get clarification.

Remember, DMV has full power over your DL, not the Judge.
CA Judges, since about 7/10/2005, can't usurp DMV regarding DL suspensions.
DMV can do whatever the heck they want with your license.

That said, they normally use the abstract the convicting court sends to DMV to determine the alcohol program and the period of suspension.

Possibly, if your BAC was over .08, DMV has decided to stick with DUI consequences, not wet consequences. As you didn't go to an Administrative Hearing about your DL, the suspension wasn't questioned.

You have to go to DMV & clarify what you need to do to get your driving privilege restored.

Check on what type of insurance you need (SR-22) and the alcohol program length. See if you need the Judge to refer you to a longer alcohol program (otherwise, you may wind up doing a 12 hour program for the court, and a 90 day program for DMV).
Ask DMV whether you can get a restricted DL and when.

[Unluckyman26]

Ok you said often you can get a 14601.2 reduced to a 14601.1 with a plea bargain. What kind of plea bargain would I be looking at?

[jff.law]

This may cause the court to revoke your probation and then send you to jail to serve your original jail sentence.

[Unluckyman26]

^ Orginal jail sentence huh? I never had one except for the day I got arrested for the first time and went to jail for like 10 hours or something. When I went to court for the very first time I could of gone through a trail, but didn"t want to so I did I plea bargain and got a wet reckless. Does a wet reckless carry a jail sentence?

[garrula lingua]

jff,
in Ca, he wouldn't be serving his original sentence, but he might get a jail sentence for the probation violation. The Judge has 6 months over his head for a DUI (less for a wet) for three years after his plea.
Judges usually give 30 days jail on this type of (potential) violation.
Unlucky may beat it (or just get a hand-slap) with evidence of being at the alcohol program and some proof that he believed he could drive to the program and back.
Did he violate his probation - yes; could he convince the Judge he did it unwittingly - yes ... it depends upon the Judge.

Unlucky, check your sentencing sheet which lists your probation terms.
Anything on it about driving ? (The usual language is 'do not drive without valid license and insurance' ...)

Unlucky, you (or your atty) need to speak with the Prosecutor (s/he will probably only speak with you in court, if you are not represented by an atty).
Only the Prosecutor can reduce the charge - the 14601.1 is a fine and probation only (no jail).
The Prosecutor may also take a stance on the pv (s/he will either fight to prove up the pv or recommend no pv or light sentence).
Some Prosecutors will decide to simply do a pv and not file the new charges.
You can appear in court for the pv/new charge with your info, see what the Prosecutor is asking for, and if the Prosecutor is asking for jail & new charge, ask for a continuance to hire an atty (most Judges will allow a continuance for an atty; some will remand (arrest) and demand bail if they think there's a pv; bear in mind, unlucky that it's 50% time to be served in most counties; less in some. At worst, you're looking at about 15 days county jail; 25 days if run consecutive.)
Alternatively, hire an atty now and appear with the atty (but you will have to do the footwork at DMV; most crim def attys won't contact DMV for you).

I am assuming that the dui/wet and the susp license case are in the same court.

Bear in mind that the 14601.1 is (I believe) 2 pts on your DL and the DUI is 2 pts & I believe DMV suspends for 4pts or more. The Prosecutor isn't really going to care about the points - that's DMV's area; you need to bear that info in mind.

Unlucky, go to DMV.
Include among your questions how many points against your DL for either 14601.2 or 14601.1 (and if you had any other points previously); also check on the pts for 23103 per 23103.5 (wet) versus 23152 (dui).