3/18/2014: ALAMEDA COUNTY (OAKLAND) PETITION FOR EARLY TERMINATION OF DUI PROBATION & EXPUNGEMENT
Outcome: PETITION GRANTED, PROBATION TERMINATED EARLY & DUI CONVICTION DISMISSED
Description :I represented client two years ago in Oakland and although his BAC was in excess of .12%, I was able to get his DUI dismissed so he could plead to a reckless driving misdemeanor for three years of probation. Now two years later, he's completed all of his court requirements, graduated from college and aced the LSAT. With a pile of law school applications in front of him, he now faced the daunting task of applying to schools while on active probation and with a misdemeanor conviction on his record. I figured that of all the early termination of probation petitions I had done, this one would be easy. Not so fast...in addition to the District Attorney objecting to the petition, the Judge really put me through the hoops on this one. I have to admit that for a moment, I thought the petition was lost. But out of the ashes, the judge had a change of heart and ultimately granted the petition for termination and expunged the reckless driving conviction. For a successful early termination, one needs to demonstrate substantial REHABILITATION. This client had really changed his life as a result of his DUI arrest and since he hadn't been in trouble with the law....ever....terminating his DUI probation early and granting the expungement was a result that was truly in the interests of justice. These petitions are rarely won, but when they are granted, it really feels good to help!