Legal Question in DUI Law in California

In San Bernardino county someone was convicted of felony dui with injuries. They are now doing 6 months at Glen Helen rehabilitation. They applied for house arrest and were denied because of their charge. But according to what I've looked up only violent crimes are ineligible. They have no priors, an absolute clean record and I'm told Felony DUI is not considered a violent crime? Can you clarify?

Asked on 2/23/17, 2:19 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Sure, I can clarify, but I don't think you will be satisfied with the clarity. 'House arrest' is an issue and decision over which the judge involved has full discretion, as you found by his denial of the motion. It is seldom granted, despite what TV shows would lead you to believe. It is also somewhat expensive if granted. Your remaining course of action would be either a motion for reconsideration of the denial, or an appeal of the denial, neither of which is likely to succeed, BECAUSE the judge had full discretion and did not likely make a 'mistake of fact or law' in doing so. That is what you would have to prove in order to justify your motion or appeal. On the bright side, 'good time credits' will get him out in less than the ordered 'time'.

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Answered on 2/23/17, 2:54 pm

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