Legal Question in DUI Law in California

Failure to Pay after DUI conviction...

I received a DUI in 1997. I made payments on my fine up to and beyond graduation from college. I had thought I was completely paid off and never looked back. I have moved several times in the past 6 years and when I just went to renew my driver's license, I was informed that I had a warrant out for me for Failure To Pay. When I called, they said I had about $100 unpaid.

What are my options? I am told that the cost to relieve the warrant is upwards of $5000. Is there any way to pay the balance owed and move on or do I have to pay the warrant or do jail time or both?

I appreciate any response.


Asked on 3/05/03, 11:38 pm

6 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Failure to Pay after DUI conviction...

courts have a procedure for placing a matter on calendar. you should use that procedure to get your case on calendar.

If you just show up at court the file will probably not be readily available for the court to determine the amount of the unpaid fine. the judge will then have a choice reacll the warrant and release you on your or or place you in custody. Files this old are often placed in storage and it can take several days to get the file to court.

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Answered on 3/07/03, 1:07 am
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Failure to Pay after DUI conviction...

Your best bet is to show up in the court where the warrant was issued. You can turn yourself in and ask the judge to recall the warrant and allow you to take whatever steps are necessary to comply with your sentencing and/or probation. It is quite unlikely that the judge will order you taken into custody. He CAN do it, but I would bet my right arm that (assuming you've provided the whole story) NO judge would do so.

You don't necessarily need a lawyer, but some people feel more comfortable going in with one. I've represented two different clients in similar cases. Their DUIs were very old and they turned themselves in and asked for a chance to comply. Both were granted what we asked for.

Call me if you have any questions.

Ben

949-278-5220

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Answered on 3/05/03, 11:50 pm
David Diamond Diamond & Associates

Re: Failure to Pay after DUI conviction...

You can handle it yourself(wear a suit) or we can certainly handle it for you for much less than $5000. GIVE US A CALL LARRY WOLF 866YouAreInnocent

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Answered on 3/06/03, 11:58 am
Terry A. Nelson Nelson & Lawless

Re: Failure to Pay after DUI conviction...

It should be cost effective to have an attorney make an appearance for you, and expect to convince the court to allow payment of the remaining amount plus some modest fine for the failure to pay, not $5000. If interested contact me to discuss, if the court is in SoCal.

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Answered on 3/06/03, 12:48 pm
Adam Telanoff Telanoff & Telanoff

Re: Failure to Pay after DUI conviction...

I agree with Ben. You probably have a $100 fine left to pay, which led to the issuance of a body attachment (warrant) with bail of $5,000. If you go in voluntarily, you should be able to take care of it by paying the $100. Call the sheriff's office first.

Just don't have any other outstanding warrants when you go in. Dress well, look clean, etc. If you would feel more comfortable with a lawyer handling this, let me know, I can do it for you inexpensively.

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Answered on 3/06/03, 3:36 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Failure to Pay after DUI conviction...

Thank you for your inquiry. If you have a warrant out for you, for any reason, you should plan on clearing it up sooner, rather than later. For one, you could be arrested if stopped for another reason, and for another, any delay works against you in showing the judge responsibility.

I expect that you are stating that there is a $5,000 warrant for your arrest, which MAY not have to be paid unless you are arrested and bail out. That can be done by having an attorney appear for you in court and recalling the warrant, or by you appearing yourself and having the warrant recalled.

You should pay the fine, if the court allows you to, as that will show responsibility in the court's eyes. You may not be allowed to apply any payments if you have a warrant, however.

I'd strongly recommend talking to as many attorneys as possible. I think you'll find fees reasonable to take care of this immediately.

I hope that this information helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected], or call at 877-568-2977. I'm happy to help in any way that I can.

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Answered on 3/06/03, 4:09 pm


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