Do you need to take steps to be “off probation”?
What can a lawyer do in San Diego Superior Court to assist ending your probationary period after a DUI arrest?
If your San Diego Superior Court DUI Misdemeanor – Traffic Judgment Minutes state you are on five (5) years summary probation, then 2 1/2 years after that conviction date your attorney can prepare, calendar, file, serve and appear on a formal Motion to Terminate Probation aka Motion for Early Termination of Probation.
Why 2 1/2 years? DUI Judges in most San Diego Courts will not even entertain granting a lawyer’s motion prior to halfway through probation.
What do you need? Good cause. A good reason. Employment. School. Every individual is different. Tell your attorney why you need to be off probation and see what he says. Typically, the lawyer will tell you a letter or document will be necessary to support your position.
What information do you provide your lawyer? Conviction date, Code section convicted of (Vehicle Code Section 23152), number of years probation, court location, case number, home address, date of birth, and a statement you have successfully & timely completed all the terms and conditions of your probation.
Once probation has been terminated, your criminal defense attorney can then file a Petition to Dismiss (Expunge) under Penal Code Section 1203.4. See this link for details,or contact your lawyer.