Is this considered a probation violation?

[heyitsme]

What is the name of your state (only U.S. law)? California.

I'm really confused.

On April 30th of this year I was convicted of a wet reckless (violation date was September 15th 2007). So obviously on April 30th, I was placed on probation (first probation of any kind for me). Well, jump back a few days to April 13th of this year...I was stopped and charged with a dui. When that violation happened I was not on probation because I had not been convicted of the wet reckless yet. I was just recently convicted of this 2nd offense on October 20th 2008.

This second offense doesn't count as a probation violation though, does it? When the violation happened I was NOT on probation for anything, but when the conviction happened (Oct 20 2008), I was. Does probation violation go off of violation date, or conviction date?

[Peligroso27]

Originally Posted by heyitsme

What is the name of your state (only U.S. law)? California.

I'm really confused.

On April 30th of this year I was convicted of a wet reckless (violation date was September 15th 2007). So obviously on April 30th, I was placed on probation (first probation of any kind for me). Well, jump back a few days to April 13th of this year...I was stopped and charged with a dui. When that violation happened I was not on probation because I had not been convicted of the wet reckless yet. I was just recently convicted of this 2nd offense on October 20th 2008.

This second offense doesn't count as a probation violation though, does it? When the violation happened I was NOT on probation for anything, but when the conviction happened (Oct 20 2008), I was. Does probation violation go off of violation date, or conviction date?

The violation will be based off the conviction date.

[The Driver]

Sounds like you might get to do a little time in the pokey. MAYBE, this will give you a little time to think about the problem you have with drinking and driving.

[Indiana Filer]

I wouldn't be able to violate this person, since he wasn't under any Court-ordered terms of probation at the time of the offense.

He/she will have to deal with the consequences during sentencing for the second offense. If I were doing the Pre-Sentence Investigation, I'd make sure I included that he re-offended while charges were pending, and recommend substance abuse treatment and a few days in jail.

[heyitsme]

Originally Posted by Indiana Filer

I wouldn't be able to violate this person, since he wasn't under any Court-ordered terms of probation at the time of the offense.

He/she will have to deal with the consequences during sentencing for the second offense. If I were doing the Pre-Sentence Investigation, I'd make sure I included that he re-offended while charges were pending, and recommend substance abuse treatment and a few days in jail.

This makes the most sense. When the 2nd violation happened I was not on probation of any kind so I don't see how it could be considered probation violation if I wasn't on any type of probation.

[heyitsme]

Originally Posted by The Driver

Sounds like you might get to do a little time in the pokey. MAYBE, this will give you a little time to think about the problem you have with drinking and driving.

I can't stand self righteous people like you. You know NOTHING about my case so don't sit there and act like you do. I am in the position I am in now because the police officers involved in my cases lied about everything in the reports to try and get a conviction. There is video from the squad car showing this. I am currently in the process of suing the police department involved in all of this, and the officers who lied in my case have been suspended without pay for over 2 weeks. I do NOT drive drunk...never have and never will, so shut the hell up and save your self righteousness for someone else. I come here to get questions answered by those who are familiar with the law...not to hear people like you try to give lectures for something they have no idea about (my case).

[Dougthegreat]

Wow, gee whiz, you're the second person in the last couple of weeks to come on here and have the police invent a DUI charge! They must have a lot of LEOs in your state if they can just sit around and make up charges.

[The Driver]

Originally Posted by heyitsme

I do NOT drive drunk...never have and never will, so shut the hell up and save your self righteousness for someone else. I come here to get questions answered by those who are familiar with the law...not to hear people like you try to give lectures for something they have no idea about (my case).

Please keep us advised of the outcome of your case. We will all be interested if you are convicted of dui while you were just driving down the road sober... You do have me confused though, how does one get a SECOND dui if they never have or never will drive drunk?

What I know about your case is what you have told us. This is your second dui in less than a year. You need help before you kill someone and have to be asking questions about murder, manslaughter or vehicle homicide charges.

[CdwJava]

Originally Posted by heyitsme

the officers who lied in my case have been suspended without pay for over 2 weeks.

Okay, now THIS leads me to believe that you're full of hooey ... the agency can NOT suspend someone without pay, it would be illegal in California. Unless they have already been subject to a "Sustained" internal complaint (IA investigation), the agency would not be able to apply that kind of discipline. They can NOT suspend someone without pay while they are looking in to an allegation of impropriety.

And you claim you do not drive drunk, yet don't you have a wet reckless conviction AND a DUI conviction? Apparently, at least legally, you at least drive impaired.

- Carl

[heyitsme]

Originally Posted by Peligroso27

The violation will be based off the conviction date.

Wrong. It was based off of the violation date...therefore no probation violation.

You really shouldn't be giving legal advice when you don't know the right answer. Weren't you just getting on someone's case in another thread for giving false information? Hmmmm.

[ERAUPIKE]

Originally Posted by heyitsme

Wrong. It was based off of the violation date...therefore no probation violation.

You really shouldn't be giving legal advice when you don't know the right answer. Weren't you just getting on someone's case in another thread for giving false information? Hmmmm.

I think peligroso said the same thing just in a different way. If you had been convicted of the DUI after you were convicted of the wet reckless and put on probation, then you would have a probation violation. You had not been convicted of the first offense yet. The second offense would only have a bearing on your sentencing and not be a violation of a probation you were not on yet. So it would go off the conviction date.