I did not finish my DUI classes cecause I was in treatment, now I have bench warrent, will I go to jail? 10 Answers as of December 06, 2010

I did not finish my DUI classes because I was in treatment in another County. The DUI people sent a letter to the Judge and now I have bench war rent. I plan to go to court on Thursday with the letter from the treatment center. Will I go to Jail?

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Grech & Firetag
Grech & Firetag | Paul Grech, Jr.
The answer to your question varies from county to county and sometimes from Judge to Judge. Judges are required to impose a drinking driver program a a condition of probation. This means that failure to attend and complete a drinking driver program is a violation of probation. When someone violates probation the maximum punishment that could be imposed is all the jail time that was not imposed at the time of the original sentencing. For example, a first time offender convicted of a DUI could have received up to six months in jail. If no jail time was imposed at the time of sentencing, the Court could impose up to six months in jail upon a violation of probation for failure to attend and complete the drinking driver program.

In practice, most judges do not impose custody for a first violation of probation based upon a failure to attend and complete the first offender drinking driver program. There is currently a warrant outstanding for your arrest however. This means that if you are cited for a routine traffic infraction you risk the possibility of being arrested and taken to jail. You should go to the court ASAP and ask the Court to reinstate you in the drinking driver program. If you are worried that you may be put in jail it is advisable to consult and retain a lawyer to accompany you to court. A good lawyer will make the appearance for you so that you need not appear in Court. I hope this helps.
Answer Applies to: California
Replied: 12/6/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Normally a warrant means you go to jail or post bail. However you have a good excuse and I believe the judge will recall it and order you to go to the court approved classes.For more info or to retain our firm call.
Answer Applies to: California
Replied: 12/1/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
That is entirely up to the judge. Explain your situation as best you can and ask for additional time to finish.
Answer Applies to: California
Replied: 12/1/2010
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Depends how the judge is feeling. You should have an attorney represent your interests to ensure the judge knows you were not screwing around or using treatment as a delay tactic.
Answer Applies to: California
Replied: 12/1/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Unlikely, the judge will probably reinstate you in the classes if this is your first time failing to complete them.
Answer Applies to: California
Replied: 11/30/2010
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you went to the. Court to explain you would not go to jail. Now with the warrants there is a chance you will go to jail. You need an attorney.
    Answer Applies to: California
    Replied: 11/30/2010
    Hale Law Group
    Hale Law Group | Joshua D. Hale
    Without an attorney it is possible to likely you will go to jail. You should hire someone to go with you.
    Answer Applies to: California
    Replied: 11/30/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Possibly. It is better to have a lawyer go to court with those letters without you. If you're there, the Judge can always take in you custody to serve some time for probation violation, especially when there is nobody to speak on your behalf.
    Answer Applies to: California
    Replied: 11/30/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If you have a letter showing a genuine medical excuse and haven't flaked on the classes before he'll just send you back to the classes and not punish you.
    Answer Applies to: California
    Replied: 11/30/2010
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