I was arrested in 2006 for 1st offense DUI and possession of paraphenelia. I had never been arrested before, and I was unfamiliar with the court system. I went to court and was unofficially advised by the judge to plead not guilty (bc the results of my breathalizer were not in my file). I hired an attorney who said he would appear in court on my behalf bc I lived, worked, and went to school 3 hrs away. After my court date, I contacted him repeatedly and left messages, but he never returned my calls. Eventually, I just assumed the charges had been dropped. I was young and confused. I just did a background check on myself and discovered I have a bench warrant for my arrest. How can I resolve this issue? Will I go to jail if I attempt to resolve it?
2 Answers from Attorneys
It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Nevertheless, any punishment you might receive will be greatly reduced if you come forward and surrender to the bench warrant in open court. An attorney can arrange for you case to be redocketed, and there is every likelihood that you will be released on your own recognizance (without posting bail), pending a hearing. At your hearing, because the evidence is so old, there is a good chance your attorney will be able to work out a plea-bargain settlement which will meet with your approval. Depending upon your prior record, you will probably not have to spend any time in jail; although a conviction for DUI will result in the suspension of your drivers license.
You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can get a referral to a criminal law specialist from the Kentucky Association of Criminal Defense Lawyers, at
Additionally, you can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!
Thomas A. McAdam, III
Attorney at Law
234 South Fifth Street
Louisville, Kentucky 40202
(502) 584-7255
You need to redocket your case to have the warrant removed. You should hire an attorney to assist you with this case, although I believe the Court will remove the warrant. Due to the age of the case, it may be possible to enter into an agreement that is more favorable to you depending on the facts of the case- ie, is the officer still available, is the bac in the file, etc. If this is your first offense and you plead or are found guilty, you are not likely to receive any jail time, there may be suspension of your license for a short period of time, an alcohol education class and fines and costs. Most pressing is to get this matter redocketed so that the warrant does not get served on you and you can avoid spending any time in jail.
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It has been 6yrs since my DUI . can I get it exsponged ? Asked 1/09/10, 3:48 pm in United States Kentucky Drunk Driving & DUI Law
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