Legal Question in DUI Law in California

DUI and Failure to Appear
I recieved a DUI in late 2006. I never
recieved anything in the mail calling
me to court. I even called 6 months
later, and had no information
regarding a bench warrant. I thought
the case was dismissed, which was
my own fault. I even went on an SR-
22 for my Insurance and have since
never had any tickets. Just last week,
a police officer came to my house and
told me there was a warrant out for
my arrest. They promptly arrested
me and set a bail, which my parents
payed immediately. My court date is
at the end of the month, and I am
terrified. My parents don't think they
will have enough money to get me a
lawyer, and my dad thinks I won't be
sent to jail. I am graduating college
in 2 weeks and have my future
ahead of me. I can't go to jail and I
wanted to know if the judge would
send me to jail. What should I do? Do
I need a lawyer? Or will I just be
slammed with fines and classes?

Asked on 5/09/09, 2:04 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: DUI and Failure to Appear

An attorney should be able to get the court to reduce or waive the penalties for your 'failure to appear' based upon you story, and keep you out of jail. Then he will deal with the DUI normally, which generally means you will end up with no jail time [for a first offense], but with fines and other penalties that you can 'manage'. The attorney fees are probably not as expensive as you think. Feel free to contact me to discuss if you are serious about getting counsel.

Answered on 5/11/09, 2:21 pm

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Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Re: DUI and Failure to Appear

Yes, a lawyer will help, and you should receive several responses here. Borrow the money if you have to. Whether your case can be successfully defended -- as in not guilty, or reduced to a lesser offense such as a "wet reckless" or "dry reckless" -- depends on the facts of the case.

The first hearing is the "arraignment" at which you will presumably enter a not guilty plea, and your attorney will receive a copy of the charges and the police report.

If you have a lawyer, you won't have to appear in court at all, and jail will be very, very, improbable. But avoiding jail is not your biggest worry -- it's preventing a criminal record that could keep you from getting a good job, ever.

Answered on 5/09/09, 2:20 pm

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