There are a number of terms and conditions that a defendant is expected to follow when he or she is sentenced on a Burbank DUI offense. A violation of these terms can lead to the defendant being charged with a Burbank probation violation which may result in additional penalties being assessed, including jail time.
The specific terms and conditions of a defendant’s DUI sentence may vary depending on the facts of the case, the sentencing judge and the defendant’s criminal record, if any. The typical probation period for a Burbank DUI offense will run between three and five years. At sentencing, the judge will set forth a list of requirements and restrictions that will be imposed on the defendant during the probation period. These requirements of probation typically include completion of an approved DUI alcohol education program, payment of court fines, fees and assessments, mandatory community service or community labor, AA attendance and any other requirement that was part of the plea agreement or that the judge elects to impose.
The defendant will be provided due dates by which he or she must file proof of completion with the court clerk. The defendant may also have to return to court on a specified date to show proof of progress. If the defendant misses a filing deadline or court date or is terminated from his or her program, the sentencing judge may violate probation and issue a warrant. In addition, any new violations of the law would result in the defendant’s probation being violated. This would include driving without proper insurance coverage or without a valid license. The defendant would also be prohibited from driving with any measurable alcohol in his or her system.
Those who are convicted of a Burbank DUI offense would be expected to install and maintain an Ignition Interlock Device (“IID”) in their vehicle as a result of Los Angeles County’s involvement in the Department of Motor Vehicles’ Pilot Program. If the defendant is caught driving in violation of the IID requirement, he or she could face a probation violation in addition to criminal charges for driving on a suspended license under California Vehicle Code Section 14601.2 VC.
Once a probation violation has been alleged and a warrant has been issued the defendant will either be arrested on the outstanding warrant or will have to come to court to clear the warrant and address the probation violation. At this time, the defendant will have to answer to any new criminal charges that have been filed.
The defendant has a right to a probation violation hearing before the judge. If the violation is upheld, the judge can either revoke probation entirely and make the defendant serve the remainder of his or her sentence in custody or the judge can reinstate the defendant’s probation. If probation is reinstated there may be additional penalties assessed against the defendant, including additional jail time.
In cases involving a collision or where the defendant is required to pay damages, he or she will be ordered to pay restitution as a condition of probation. The defendant may be put on a payment plan until restitution is paid off. While failure to pay restitution may result in a probation violation, California courts have determined that a person cannot be put in jail where his or her failure to pay restitution is due to insolvency. The Court may order an ability to pay hearing to determine whether or not the defendant’s violation was willful.
While the fines on a Burbank DUI offense can be expensive, especially after penalties and assessments have been added, judges typically allow the defendant to convert the fine into community labor or even jail time. If the defendant fails to pay the full restitution amount during the probation period, the sentencing judge may extend probation or may simply order that the remaining amount be converted to a civil judgment.
If you or a loved one are facing a potential Burbank DUI probation violation, it is imperative that you consult with a Burbank DUI Attorney right away. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Burbank DUI Attorney Michael Kraut is highly skilled at handling probation violations. Mr. Kraut is highly regarded in the Burbank legal community as a dedicated advocate who fights hard on his clients’ behalf.
For more information about Burbank DUI probation violations, and to schedule your free consultation, contact Burbank DUI Defense Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 2600 West Olive Avenue, 5th Floor, Burbank, CA 91505. Mr. Kraut can be reached 24/7 at 818-563-9810.