It is best to contact an attorney for a consultation to see if it is in your best interest based upon your particular case to expedite the resolution of the case. You may need time for discovery, or time to file motions, etc. You want to handle the matter so that you get the best possible results, both in court and with the DMV and sometimes it requires additional time. It is important, however, to get immediate advice regarding the DMV administrative action; a hearing needs to be scheduled within 10 days of the arrest if you want to fight the administrative suspension action on the driver's license. As far as clearing up a DUI conviction, you can file for an "expungement" (Penal Code 1203.4 petition) of the criminal conviction at the end of the probationary period if you meet the criteria at that time. It will stay on your driving record for ten years, however, for purposes of using it as a prior should you get another DUI.

Answer Applies to: California
Replied: 10/27/2011

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No, you will have to wait for the DA to file charges first.

Answer Applies to: California
Replied: 10/26/2011

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Your only option is to bring a motion for early termination of probation. These are difficult motions to win; you definitely need to have a specific and compelling reason especially since the courts tend to consider misdemeanor probation as something that is not very onerous. If you still want to pursue the possibility, be sure that all your fines are paid, all your classes are completed, and that there is nothing else outstanding that would require you to remain on probation.

Answer Applies to: California
Replied: 10/26/2011

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Yes, usually via an early termination of probation, followed by an early expungement. Contact an attorney about your eligibility and the feasibility of doing an early termination.

Answer Applies to: California
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

No. Once arrested, the DMV hearing process will get started (if a hearing is requested), and the Court process will get started upon appearing at your Arraignment hearing. The only way to move one "as quickly as possible" is to NOT request a DMV hearing, and enter a guilty plea at the arraignment hearing. Other than that, you still will be required to serve a probation period (typically 3 years) before you can file for dismissal under 1203.4 of the penal code. Even then, if successful, it will not be removed from your record. Further, if you fail to request a DMV hearing, your license will be suspended for a minimum of 4 months (depending on whether you have any priors and other factors). The concern should be dealing with the DUI appropriately, not dealing with it as quickly as possible without due regard for future consequences. Keep in mind, that a DUI conviction, even if dismissed under 1203.4, will still negatively impact your license, possible future employment, and insurance premiums.

Answer Applies to: California
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

A DUI conviction may be used as a prior for ten years. This is so even if you have it expunged. An expungement does not erase the DUI on your record. With expungement the plea of guilty or no contest is being withdrawn and a plea of not guilty is being entered, or, if there was a trial, the verdict of guilty is being set aside. In either case, the court is thereafter dismissing the charging document. After the expungement is granted you may lawfully state that you have not been convicted of the DUI when asked on a job application from a non-government employer. The DUI will show up in a government background check. For instance for a government job or for any government license.

Answer Applies to: California
Replied: 10/26/2011

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If you refuse to waive time it will go as fast as possible.

Answer Applies to: California
Replied: 10/26/2011

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The answer varies. The prosecutor has up to a year to file criminal charges. Generally there is not much one can do to expedite that process. Once charges are filed you have the right to speedy trial which can expedite the process. Though not recommended you can resolve the case at arraignment, which will eliminate continuances, however any defenses or reduced charges will be gone.

Answer Applies to: California
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

DUI cases are not cases that can be expunged, if that's what you mean by "get it off of my record." However, a court can grant an expungement in the interest of justice, but you will have to prove to the court why it is necessary. In terms of "expediting" your case, I am not sure what you mean by that. If you mean that you want to get an expungement asap, then one will only be granted, if at all, once you have successfully completed the terms of your probation, and probation will not be granted until you enter a plea, if any. If you feel your case is worthy, you should consider trial because a finding of Not Guilty will show on your record. Remember that this is only for purposes of the criminal case. In California, once you get a DUI, you also have a DMV case.

Answer Applies to: California
Replied: 10/26/2011

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You have to be off probation first. After probation concludes or have your DUI attorney file a motion to terminate probation when viable.

Answer Applies to: California
Replied: 10/26/2011

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You can go to the court and set an immediate a date as can be arranged, appear and plead guilty. The court will immediately sentence you.

Answer Applies to: California
Replied: 10/26/2011

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Yes. You do have the right to a speedy trial. This means that you can get to trial in 45 days if you are out of custody. Further, you can opt to do more jail time instead of probation time.

Answer Applies to: California
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.