California law affords judges a great deal of discretion to terminate probation at any time. Most misdemeanor convictions are punishable by a probation term of three years. A specific provision of the California Vehicle Code, however, specifies that DUI violations are to be punished with at least a three year probation term. Most courts will impose a five year term of probation. While this may appear to require that a person convicted of DUI spend at least three years on probation, this is not actually the case. This minimum probation requirement only applies at sentencing. After probation is granted, the judge can terminate probation at any time upon the application of the defendant. However, as with any other probation case, the appropriate time to apply for probation terminate is when sufficient good conduct and reform can be demonstrated, or upon a showing of “good cause.” An experienced attorney is in the best position to make the factual determine of whether adequate time has elapsed to demonstrate what is required to be successful in an early termination request, an accordingly when is the appropriate time to file a such a request.
If you are on probation and would like your probation terminated, our office can help you determine when to file such a request with the court and we can outline proactive steps for you to take that will afford you the best chance of having your request granted. We may be reached at: [email protected]
Of course, once probation is terminated, there are may be options available for clearing the record through expungement, for example. For more information, see:
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