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Early Termination of Probation

A judge may end a defendant’s term of probation before its scheduled time in certain circumstances. The applicable statute states:

The court shall have the ability at any time during the term of probation to revoke, change, or alter its order. The judge may at any time terminate the period of probation, and discharge the person that is  held.

Early termination of probation | san diego criminal defense attorney

(Penal Code §1203.3, subdivision (a).)

It is well-known that although the prosecuting attorney must be given a two-day written notice and a chance to be heard regarding a defendant’s motion for early termination of probation (Penal Code §1203.3, subdivision (b)), the choice to end defendant’s probation early is a matter “for the exclusive exercise of judicial energy.” (People v. Allen (1975) 46 Cal. App. 3d 583.) That's, the prosecutor has no “veto power” regarding a defendant’s request that his probation be terminated before the full term features expired. (Id.)

For DUI cases, as soon as probation is terminated, there isn't any more Zero Tolerance as it relates to driving with any measurable amount of alcohol or drugs in your system.