Legal Question in DUI Law in California
out of state dui with failure to appear
I was arrested 9 years ago in palo alto, ca. az. resident, never went back for court. now i need to get my licence back. what do i do?
2 Answers from Attorneys
Re: out of state dui with failure to appear
Assuming the District Attorney filed the DUI charges... You will need to get yourself back in court in Palo Alto and take care of the DUI charge. You probably have a warrant out for your arrest. If you are convicted/entered a plea to the DUI charge, you will need to abide by the terms/condition of your probation which may include jail time. If convicted/pled guilty you will be required to participate in and complete a DUI offender program. Once you have provided proof of completion of that program you will be eligible to apply for re-instatement of your driving privilege. The suspension will be lifted as long as you continue to pay your fines and follow your probation terms. Contact an experienced criminal defense attorney in the county where you were arrested. He/She will be able to get you back before a Judge and help you do what needs to be done.
Re: out of state dui with failure to appear
The short answer is that you need to contact a criminal defense/DUI lawyer in the Palo Alto area to discuss this. There may be a way to have the case dismissed because of the delay, but you leaving the state works against you.
You may also want to see if your attorney can bluff and set it for trial. After 9 years, witnesses retire, move, forget, etc. There may be no way to prove the case against you.
Bottom line: You've got to go through the legal system to clear up the case before you can get your license squared away. You're going to need a lawyer to help you on this one. I don't know your financial situation, but in this case, I'd strongly suggest you find a way to hire an attorney. Public defenders don't handle the DMV and licensing issue, so you'll be only half-represented with a PD. Better to get one attorney that can assist with it all.