Were you previously convicted of DUI in LA or Orange County? If you’re
on informal probation for a DUI that occurred in the past one to three
years, does this mean that will you be arrested now that you’ve
been involved in a car accident?
First, let’s take a look at what it means to be on “informal
probation” for a
DUI in California. Since most DUIs are misdemeanors, DUI defendants are generally
placed on misdemeanor probation, which typically lasts up to three years,
though it can last longer.
Unlike felony probation, the defendant isn’t required to check in
with a probation officer, instead they must appear before a judge periodically.
Misdemeanor summary probation, sometimes called
informal probation, applies to criminal offenders who don’t pose such a risk to the community
that they need to be incarcerated or excessively monitored when released
– which describes the majority of DUI offenders.
Complying With the Terms of Probation
Though informal probation may include a jail sentence, the point is for
the defendant to serve their time under the court’s supervision
and out of jail. If you’re placed on informal probation, the judge
may agree not to incarcerate you or impose a fine so long as you agree
to the terms of your probation crafted by the judge.
If you fail to comply with one or more of the conditions, and you violate
the terms of your probation, the judge can decide to modify or revoke
your probation, or put you in jail.
Examples of probation conditions:
- Pay court-ordered fines
- Community service
- Participate in AA meetings
- Abstain from drugs and alcohol
- Not drive with any alcohol in the system
- Install an Ignition Interlock Device
- Agree not to break any new laws
What if you’re in an accident?
So, what if you were in an auto accident? Would that count as “violating
the law” and a probation violation? Simply getting into a car accident
does not count as a new crime; nothing should happen providing your driving
privileges were not
suspended, restricted, or revoked at the time of the crash.
Searching for an Orange County DUI lawyer? Contact
the Law Offices of Virginia L. Landry, Inc. for a free case evaluation. We can be reached at (877) 384-7833.