California DUI Resources
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----- Testimonials -----
The DUI Man saved my life! Thank you Mr. Bialys for all you did, I am eternally grateful! W.M.
I got my 2nd DUI in Los Angeles, and was scared out of my mind. Out of everyone I spoke with, the DUI Man was the most knowledgeable and sincere lawyer I spoke with. He got my charges reduced to a wet reckless, and saved my drivers license and my job! Thank you Michael!! S.Y.
I was very scared after getting my first DUI in October, but the DUI Man took care of everything from start to finish, and got my charges dismissed! No clue what I would have done without him, I will refer him to anyone I know that gets a DUI". F.D.
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|Post Conviction Relief|
Los Angeles DUI and Post Conviction Relief
California Penal Code 1203.4 (Expungement)Often post conviction relief is referred to as an Expungement. Expungement law in California is governed by California Penal code 1203.4. This section provides that In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at anytime after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty.
In layman’s terms 1203.4 allows a defendant to withdraw is plea of guilty or no contest and have the guilty plea be replace with a plea of not guilty. Effectively if asked on a job application if you have ever been convicted of a misdemeanor or a felony that has been expunged you can legally answer “no.” Their are exceptions where you are required to answer yes however getting you can state that the record has been expunged , which often looks good for anyone reviewing you or considering you as an applicant.
California Penal Code 1203.3 (Early Termination of Probation)You may have noticed in 1203.4 that in order to be eligible to receive an Expungement that a defendant has to have successfully completed all terms and conditions of probation, that would also include that time period of probation. This is where penal code 1203.3 may offer certain advantages. 1203.3 provides that (a) The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.
What this means is that a person can request that his probation be terminated early. Typically the person on probation is eligible for this relief if he or she has fulfilled all of the conditions of probation and has completed at least half of their probationary sentence time. In this situation a person on probation can request that their probation early, which now makes them eligible for expungement.
California Penal Code 17 (b) (Lowering a Felony to a Misdemeanor)In California certain crimes can be charged as felonies or misdemeanors. These are called wobblers. Felonies are regarded as more serious crimes and are punishable by more than one year in prison. That is not to say that a defendant can’t get felony probation, but for the purposes of records, felonies look worse. Additionally felonies restrict the ability to get professional licenses, restrict gun rights and prevent you from voting or serving on a jury. It is much more desirable to be able to either plead a felony down to a misdemeanor or after successful completion of probation lower the DUI felony to a misdemeanor under penal code 17 (b)
Upon lowering the felony to a misdemeanor it is regarded as a misdemeanor on a public record and for purposes of employment or in some case professional license, it allows you declare that you do not have a felony conviction on your record. It does not necessarily restore gun rights at least from the Federal perspective, but as far as employment is concerned it offers a great advantage. By lowering a felony to a misdemeanor and having it expunged, it is very possible to move on with your life and not be plagued by this record.
So What Can a Premier Los Angeles DUI Lawyer Do?In certain cases, I may be able to take a felony DUI, early terminate your probation after all the conditions of probation have been completed, lower your felony DUI to a misdemeanor DUI and expunge it so that it is not considered a conviction.
This is huge, and allowing anyone convicted of a DUI be it felony or misdemeanor overcome their conviction quickly and begin to move on with their lives.
Call me to discuss your case.
Find out how I can give you the best post conviction relief possible.