Legal Question in DUI Law in California

Kicked out of DUI school

I was arrested in Jan 2002 for a DUI and convicted of a ''wet reckless'' driving. My sentence (San Francisco courts) was 3 years court probation, a fine, a 90 day suspended sentence, and alcohol/DUI class. I got kicked out of the alcohol class at the beginning of last summer. I was told by a class administrator that I would receive a letter from the courts with a date for a court appearance. I never received anything and its been over a year. A police officer told me there's a warrant out for my arrest because of this issue (but he didn't arrest me). What should I do? I think I need to get a date in court but I'm not sure how to do that. Also, what can I expect from a judge when I do appear in court? Any information would be greatly appreciated. I'm looking forward to resolving this matter, hopefully without spending any time in jail. Thank you.


Asked on 7/02/03, 12:42 pm

2 Answers from Attorneys
Quincy Hoang Quincy Hoang, Attorney

Re: Kicked out of DUI school

You need to schedule a "re-referral" hearing with the Court. Go to the Clerk's Office and ask them to schedule a hearing. You may need to have a judge sign the calendar request at that time.

During the hearing, based on the facts you've given, you should be given another chance depending on the reason for your failure to complete the DUI school. As long as it's a reasonable reason, i.e. do not state that you were too lazy.

Lastly, make sure you ask the Judge to recall the bench warrant.

If you have questions or concerns, please feel free to call me.

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Answered on 7/02/03, 2:30 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Kicked out of DUI school

The previous is correct as far as it goes.

A warrant was issued for your arrest because the notice of violation of probation was mailed to your last known address and you did not appear in court on the appointed date. When you appear in court you need to be prepared to explain to the court why you did not receive the notice to appear. Such as wrong address, that the notice was picked up from the mail by another person at that address and never given to you.

Some courts are lenient about giving a second chance to complete a program, but others are not. Your best approach is to retain an attorney to represent you in this matter.

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Answered on 7/02/03, 9:52 pm


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