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DUI/DWI - “Probation Violation”

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keeanna

Junior Member
California

1. I was on CWP probation and am locked up for that for a _Probation Violation_.
2. According to my PO if the DUI charges are dropped the PV goes away, as he is the one who arrested me. _ True of false
3. DUI charges have not been filed against me, but talking to lawyers they can file a Driving While Impaired.
4. I_m due back in court at the end of the month on the PV charges, can the DA still file against me even with the BAC at 0.07, under the limit?
5. DMV did not suspend license.

I want to know what will I be charged with.
 


moburkes

Senior Member
In your previous post, you were posting for a friend. In this post, you are speaking in 1st person. You also say that you are currently locked up. What is the truth?

It it still a DUI at 0.07 BAC

--------------------------------------------------------------------------------

What is the name of your state? California

On behalf of a friend:

On CWP (California Work Program) got a DUI and took a blood test that came back 0.07, all I had to drink was 1 beer, but I had nothing to eat all day except a sandwich at lunch and just a burger patty at 6:00 pm.

I got the DUI at 00.45 am; blood was taken at 1:20 am. I received a notice from the DMV “After reviewing the information on file, including any evidence which you may have presented, the action effective XX/XX/2007, pursuant to 133532 of the Vehicle Code, is set aside”.

1. I was on CWP probation and a locked up for that for a “Probation Violation”.
2. According to my PO if the DUI charges are dropped the PV goes away, as he is the one who arrested me. – True of false
3. DUI charges have not been filed against me, but talking to lawyers they can file a Driving While Impaired.
4. I’m due back in court at the end of the month on the PV charges, can the DA still file against me even with the BAC at 0.07, under the limit?

Does the DMV notice help my caseWhat is the name of your state?What is the name of your state?
 

CdwJava

Senior Member
keeanna said:
1. I was on CWP probation and am locked up for that for a _Probation Violation_.
That happens.

2. According to my PO if the DUI charges are dropped the PV goes away, as he is the one who arrested me. _ True of false
Maybe. It would depend why the charges were dropped and how.

3. DUI charges have not been filed against me, but talking to lawyers they can file a Driving While Impaired.
CA does not have a "driving while impaired" law. We have a law against "driving under the influence". You can face CVC 23152(a) (DUI) or they might offer what is called a "wet reckless" per CVC 23103.5.

4. I_m due back in court at the end of the month on the PV charges, can the DA still file against me even with the BAC at 0.07, under the limit?
Absolutely! If you are impaired, it does not matter what your BAC was, only that they can reasonably show the impairment to a court.

The lowest BAC I have for a conviction was at .44, as I recall. And keep in mind that people high on dope or prescription meds alone do not have a BAC at all. It is impairment that must be shown - not the BAC ... unless the BAC is .08 or better, then impairment is determined per statute.

5. DMV did not suspend license.
That's because your BAC was under .08. However, if convicted, they probably will.

I want to know what will I be charged with.
Dunno. Possibly CVC 23152(a). Or, they may just opt to violate your probation per PC 1203.2.

Consult local counsel.

- Carl
 

keeanna

Junior Member
Quote:
I want to know what will I be charged with.

Dunno. Possibly CVC 23152(a). Or, they may just opt to violate your probation per PC 1203.2.

on what grounds?
 

CdwJava

Senior Member
keeanna said:
Quote:
I want to know what will I be charged with.

Dunno. Possibly CVC 23152(a). Or, they may just opt to violate your probation per PC 1203.2.

on what grounds?
Oh ... hmmm ... how about driving drunk??

Keep in mind that your probation can be revoked even without new charges. Will they do so? Hard to say. Can they? Sure.

- Carl
 

keeanna

Junior Member
So, even if you have done the time and are out on probation, your PO can still bust you if he/she does not like the look of you face, and put down what ever?

What has happened to "The Land of the free” seems that California is the biggest police state this side of what ever?

Was not DRUNK - Had 6.30 hours of sleep (due to work, have 2 jobs) the night before, 2 beers between 8:00 - 11:30 pm and drove at 12:45 am.

What does it mean BAL over 0.08?

Driving license not revoked.
 
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CdwJava

Senior Member
keeanna said:
So, even if you have done the time and are out on probation, your PO can still bust you if he/she does not like the look of you face, and put down what ever?

What has happened to "The Land of the free", seens that California is the biggest police state this side of what ever.
I think you forget that probation is not a right, it's an opportunity - an opportunity to live a relatively normal life outside the confines of a cell. You COULD be in jail ... being in jail would mean that you would NOT have driven DUI. You are obligated while on probation to "obey all laws" and to follow the terms of you probation. Depending on the conditions of your probation, just drinking might be a violation (usually found when the original offense was related to alcohol).

Even if they can violate you, there is no guarantee that they will ... even if the DUI charges are dropped or never filed.

If you do not like living under someone else's rules, ask to be sent to custody to complete your term as opposed to accepting probation.

Oh, and if this were a huge "police state", you would not BE on probation.

- Carl
 

CdwJava

Senior Member
keeanna said:
Was not DRUNK - Had 6.30 hours of sleep (due to work, have 2 jobs) the night before, 2 beers between 8:00 - 11:30 pm and drove at 12:45 am.
.07 IS impaired ... and it is usually sufficient to violate probation. If no charges are filed, I suspect they won't. But, if they have FSTs or anything at all, they will file and you can be violated.

EDIT: And "two beers" (aside from being THE #1 most common answer nationwide when asked how many drinks one has had) is not generally sufficient to cause anything near a .07 BAC in a normal adult of either gender.

In CA "drunk" has a different definition than "impaired". I mis-spoke when I referred to your driving "drunk" as the actual section involves impairment ... being drunk requires you to be unable to care for yourself or others. Being impaired just means that you are unable to safely operate a motor vehicle. Both are crimes - the latter requires a vehicle and does no necessarily rise to the level of "drunk".

What does it mean BAL over 0.08?
To have a blood alcohol content of .08 or over.

http://www.officeofroadsafety.wa.gov.au/Facts/dd_brochure/what_is_bac.htm

Driving license not revoked.
Unless convicted.

If you had blown a .08 then it would have been ... or at least it would have been pending a hearing.

- Carl
 
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keeanna

Junior Member
I am writing on behalf of some one else who is now in jail waiting to go to court.

The time was 1 year in county jail or 2 in state prison, with 3 years on formal probation. (Have been told that was too much time for the offence - the lawyer was green and I was given the wrong info, so I accepted the deal, which I shouldn’t have).

I have served the year.

I was getting my like back on track, registered to finish school.

I DO NOT DRIVE IMPAIRED and NEVER HAVE. Too many people I know have been killed because of DUI.

There are contradiction in the police report, and what the police officer states and what really happened. I have witnesses on both when my last drink was and the passengers in my car, who can contradict the police report.
 

CdwJava

Senior Member
keeanna said:
I DO NOT DRIVE IMPAIRED and NEVER HAVE. Too many people I know have been killed because of DUI.
You drove with a BAC of .07 (or whomever you are writing about did), and THAT, my friend, IS impaired. Whether it can be found as such at trial is a different matter, but it is not that difficult ... I have a 100% conviction rate for DUI arrests, so I've never lost one at .07.

There are contradiction in the police report, and what the police officer states and what really happened. I have witnesses on both when my last drink was and the passengers in my car, who can contradict the police report.
Then how do you explain the .07?? It did not magically appear in your blood! Do you have any medical condition that might effect your body's ability to purify the blood and remove the poison (alcohol) from your system?

- Carl
 

keeanna

Junior Member
Then how do you explain the .07?? It did not magically appear in your blood! Do you have any medical condition that might effect your body's ability to purify the blood and remove the poison (alcohol) from your system?

The start of a very bad cold, would that make a differance?
 

keeanna

Junior Member
Then how do you explain the .07?? It did not magically appear in your blood! Do you have any medical condition that might effect your body's ability to purify the blood and remove the poison (alcohol) from your system?

The start of a very bad cold. Would that have made a difference?
 

Just Blue

Senior Member
Then how do you explain the .07?? It did not magically appear in your blood! Do you have any medical condition that might effect your body's ability to purify the blood and remove the poison (alcohol) from your system?

The start of a very bad cold. Would that have made a difference?
No**************.:rolleyes:

Edit: Were you taking any cold medications?
 

CdwJava

Senior Member
keeanna said:
The start of a very bad cold. Would that have made a difference?
I cannot think of any common colds that somehow manufacture alcohol or severly impede your body's ability to process it out. However, should it go to trial, and should you be abel to afford an expert to testify that this is what happened, I'd be interested in hearing the theory.

Oh, and you would have had to power down quite a bit of cold medicine (many times the usual dosage) to make up the difference between the two beers and the .07. Even then, you would STILL be impaired.

- Carl
 

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