Clearing up a DUI Case
This is a great resource..
Background:
Arrested for DUI in Dec of 98 � BAC 1.0, went to court and plead guilty in Feb of 99, moved out of state a couple months later and did not finish VSAP. I did pay the court fines and Attorney fees.
Was planning on staying in state, but Judge would not approve a hardship license to visit children per visitation court order. He stated that there was not a precedent to allow the request. I later found in the Penal code that this was, in fact, an allowed request to the court. At the same time, I received another job offer from another state. Frustrated with the whole ordeal, broke from Attorney fees and fines, I just dropped it and moved to the other state.
Haven�t had a license or driven for the last 5 years, but I would like to clear this issue and obtain a letter of clearance from the state.
Couple of questions:
1. Is there a FTA (or equivalent) for not completing the Judges ordered VSAP program?
2. Is there a way to find out if there is a warrant for arrest?
3. If I go back to Northern Va and attempt to clear up this issue, will I be arrested and/or jailed? If so, for how long?
4. Can I get the case transferred to my current state?
Thanks
1 Answer from Attorneys
Re: Clearing up a DUI Case
1. If you did not complete the VASAP program and/or finish paying for all the court ordered fines/costs, it's possible that whoever was monitoring your probation wrote a letter to the judge requesting that a Show Cause action be initiated against you with a hearing date for you to appear and explain why you should not be found in contempt of court. Then, if you failed to appear for that hearing, a warrant for your arrest might well have been issued.
2. A call to the clerk's office with the case# should provide an answer as to whether there's a warrant outstanding.
3. If you return to Northern Virginia, you could be subject to arrest, and, therefore, you would be well advised to have the advice of counsel as to how best you should approach this matter.
4. Whether or not the judge would agree to having
your reinstituted probation(if such were granted)
transferred under these particular circumstances
to your current state of residence would be up to the judge.
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