California Prop 36 (PC1203) Case Dismissal

[occharge]

What is the name of your state? California
County: Orange County

I previously plead guilty to posession of narcotics and opted to attend a treatment program -under Proposition 36 (the Substance Abuse and Crime Prevention Act of 2000)- (as per Code Section 1203 of the California Penal Code). I have completed the treatment program as required by the court/probation dept. and am in the process of scheduling a court date to appear before the judge to have the case dismissed.

It is my understanding that the court (or) Probation Dept will request a DMV printout on my drivers license number.

Problem is that my license is suspended until August/2006.

My question is: Is it a requirement to have a valid (i.e. not suspended) drivers license prior to being released from probation (and prior to requesting that the case be dismissed)?

If so, can you please cite the code section that specifies such a requirement?

Thanks in advance.

O

 

[CdwJava]

There is no requirement for a valid license unless for some odd reason this was made a condition of probation.

As long as you don't have any convictions for driving on a suspended license, you should be okay on that regard. And even if you did, if they were charged as infractions it probably won't make much difference.

- Carl

 

[occharge]

Thank you very much

There is no requirement for a valid license unless for some odd reason this was made a condition of probation.

I just re-read the Court's Minute Order as well as the "Instructions to Adult Probationer" (which was given me by the Probation Department ) and there is no mention of any such requirement.

As long as you don't have any convictions for driving on a suspended license, you should be okay on that regard. And even if you did, if they were charged as infractions it probably won't make much difference.

I don't have any.

Thank you very much for taking the time to respond.