Legal Question in DUI Law in California
Sons DUI
My 20 year old son was working in California. He was at a bar with co workers. On his way home to his hotel an officer stopped him for a tail light out. He was already in the parking lot of his hotel. He was given a sitation for DUI and his vehicle was taken. He was not taken to jail. We recently received notice that he is to appear in court in July. If we just ignore this will he be issued a warrent for his arrest in Ohio. If he never returns to California can he get away with it. If he does go to court and is found guilty, can jail time or driving school be done in Ohio or does he have to stay in California for all this?
2 Answers from Attorneys
Re: Sons DUI
please see me @ www.bsandslaw.com.... a warrant of arrest will go country wide if your sons matter is not handled...i do this a lot for people in foreign states and your son will not have 2 come here if iam hired...e-mail me @ [email protected] 4 more info
Re: Sons DUI
Since he is under 21, he is treated differently than a driver over 21. Since he was cited and released without arrest, I must assume he was given a PAS (preliminary alcohol screening device) breath test at the scene and tested between .05% and .08% -- since he would have been arrested on adult charges if over .08%, but released with only a license suspension if under .05%. Drivers under 21 are subject to an infraction-type offense if .05-.08%, basically requiring attendance at a relatively short DUI school.
Since the probable "punishment" is fairly light, I would resolve the matter in court because, yes, a warrant will be issued if he does not appear. The warrant will stay in effect indefinitely. Although it will never be served in Ohio, nor would he ever be extradited, he would be arrested if he were ever in California and a radio check (for example, at a traffic stop) showed the warrant.
Another factor: His license was probably taken by the officer and he was served with a pink sheet of paper -- a notice of suspension for one year (drivers under 21 are subject to the .01% "zero tolerance" suspension laws). He must clear this up or it is likely that Ohio will never issue him a license until he does. If he does not request a hearing from the DMV within 10 days to contest the suspension, this may require no more than serving the suspension and then filing an affidavit with the DMV as to his Ohio residency.
Lawrence Taylor
Practice limited to DUI defense
(310) 860-9515 (949) 752-1550
http://www.DUIcentral.com
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