First probation violation for First DUI. .03 BAC- 21yrs of age- pulled over for taillight?
I got my DUI in 03/05. Finished all my courses and DUI fines. Last night- 3/31/07 I got pulled over for not having a red film over a broken plastic piece tailight signal. My brake lights were working fine, only my turn signal didn't have a film on it and it was showing clear cause of broken plastic....
I got my DUI in 03/05. Finished all my courses and DUI fines. Last night- 3/31/07 I got pulled over for not having a red film over a broken plastic piece tailight signal. My brake lights were working fine, only my turn signal didn't have a film on it and it was showing clear cause of broken plastic. I am a third year college student in San Diego, CA. I am doing well and have been very sober and just drank a little for spring break got a .03 BAC. I got a fix it ticket and a ticket for violation probation- not a second DUI. what penalties can ie xpect? jail time? what can i do about it? anyway i can fight it because i got pulled over for the wrong reason. I really dont want to goto jail..any helpful input is appreciated. thanx.
the first time i got my license suspended for a year and 3 months dui classes and fines. I realize I can't fight the reason for being pulled over, but i am just trying not to goto jail. what if i start going to AA classes? Anything i can do on my court date to help me?
You can fight it, but you are not going to win, the officer had valid probable cause to pull you over,(tail light), and was justified in conducting a DUI investigation just by smelling your breath,
What was your sentence on your first DUI, 5-10 days county jail, (suspended) 3 years summary probation, and the fine? well for violating your probation, you probably will get the county jail time and the fine for the fix-it ticket. If you don’t want to go to jail, stop doing stupid things.
You should put in the probation conditions. I’m guessing one of the conditions is not to have any alcohol in your system while driving. You can’t fight the reason you got pulled over. You were in violation of:
CVC 24953. (a) Any turn signal system used to give a signal of intention to turn right or left shall project a flashing white or
amber light visible to the front and a flashing red or amber light visible to the rear.
Talk to your probation officer.
If you are thinking you can fight this because you were pulled over for a lighting violation and subsequently got a ticket for violation of probation, you’re very mistaken as the first two posters indicated. If you’ve got some other angle, I’d encourage you to post it.
As for your penalty, I don’t know that you’re going to get very good guesses here. In my county, this would normally be five to ten days in jail, though not because your sentence was suspended previously.
What can you do about it? Don’t drink (at all while on probation) and drive. Kind of a no-brainer.
I suspect you’re looking at some amount of jail time, whether you want to do it or not.