I was charged with a DUI recently and sentenced to 36 months of informal probation. I heard somewhere that you could appeal to the court to have them remove your probation sentence after completing the DUI program and paying all fines as long as you only have that one DUI on your record. Is this true?
2007-02-13 06:42:26 · 3 answers · asked by caligurl1382 2 in Politics & Government ➔ Law & Ethics
You can file for an appeal on any sentence. There are no guarantees. Good luck.
2007-02-13 06:50:43 · answer #1 · answered by Eva 5 · 0⤊ 0⤋
Your use of the term "appeal" is confusing people. That refers to a higher court reviewing the trial court's rulings, and a notice of appeal would have had been filed within 30 days. That is not what you want, anyway.
You are asking for an early termination of probation. You can make a request of the judge who put you on probation to grant an early termination of probation under California Penal Code section 1203.2, subdivision (b). Whether you get that would depend upon the County, the judge, your record, etc. You should speak to the attorney who represented you on the matter.
2007-02-13 07:25:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You mean summary probation? if so, then you can probably appeal, it will cost a lot of money to hire an attorney to do it. Your best bet is not to come in contact with the law for those 36 months and once it's over, submit a motion to have your record expunged.
2007-02-13 06:46:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋