Legal Question in DUI Law in Georgia

On June 3, 2009 a ticket for DUI was issued. No arrest was made that night, person was free to go. A breathalyzer was given; no results listed on the ticket. About two months later the ticket was checked on to find out how much the penalty/fee was going to be, was told by the court clerk that there was nothing in the system and to check again; the follow-up was done and still nothing in the system to show that there was a ticket. According to the court docket info;

-11/24/2009 Case Filing ;

-01/11/2010 Criminal Arraignment Calendar

-02/09/2010 Event Outcome -Bench Warrant Issued

On the night of 02/19 or 2/20, 2010 the person in question was with a friend who was stopped for DUI, they ran a check on the person in questions name to see that they were licensed to drive I assume, and they were given the keys to the DUI persons car to drive and go. (Wouldn't the bench warrant have came back when the name was checked?)

How does the person find out how much the ticket was?

Will they have to face jail time?

Can they go to the court house the money and pay it off?

Can another court date be issued ?


Asked on 5/28/10, 9:28 am

1 Answer from Attorneys

David Glass Law Offices of David H. Glass, LLC

If the court docket shows a bench warrant was issued by the Court, the Defendant will need to surrender themselves to get the case back on a docket.

He/she can't just pay a fine and expect the bench warrant to disappear. Only the Judge can remove the bench warrant. I cannot explain why the officer didn't see the bench warrant on Feb. 20th, other than it may not have been entered into the system yet.

If they hire an attorney, the attorney can arrange the surrender and possibly get the Court to hear the bench warrant on the same date (and enter a guilty plea), It just depends on the jurisdiction.

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Answered on 6/08/10, 10:31 am


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