What happens after a DUI Citation? 12 Answers as of July 13, 2011

I was pulled over n cited with a DUI I presented myself in court and my name wasn’t on the list I went to the clerks office and she stated the officer or the police department had not filed the ticket what happens next. Is my license suspended? how do I follow up on the case I don’t have a lawyer?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
A court date notification should be mailed to you. If not, check with the court on a daily basis to see if you are on the court calendar. Also, contact DMV within 10 days of arrest to request a hearing in regards to the suspension of your driver's license.
Answer Applies to: California
Replied: 7/13/2011
Wallin & Klarich
Wallin & Klarich | Sheldon E. Lee
You will have to check in daily with the court to see if your matter has been calendared yet or not as you want to avoid any warrants for failure to appear.
Answer Applies to: California
Replied: 7/1/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
All you can do is wait for the DA to send you a court appearance letter, someday, maybe. The longer it takes, the more likely the DA is to not file. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in either of these, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 7/1/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You should get a letter telling you your court date. However, you should keep checking with the court to see if you have a date. Check with the DMV to find out about your license.
Answer Applies to: California
Replied: 6/30/2011
The English Law Firm
The English Law Firm | Robert English
That situation is called a non-filing. It does not mean that your case is over. The case may be filed in the future. If it is not filed within a year, you are pretty much in the clear. Usually, if it is not filed by your citation date, then you would get a letter advisement if it is filed later.
Answer Applies to: California
Replied: 6/30/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    First of all, there is a separate DMV proceeding that goes on against you, and you were supposed to contact the DMV for a hearing within 10 days of arrest. As for the court case, just sit tight and a notice will be mailed to you if charges are finally filed.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Congrats, you dodged the bullet. You need to contact the DMV if you haven't already (you are supposed to contact them within 10 days of your arrest to request a hearing contesting the suspension of your license.) Inform them that the charges were rejected and ask them how you go about getting the suspension lifted if it's already been imposed. The problem is that the DMV is separate from the court and may still suspend your license even though the case was not filed. Ask them if you are entitled to hearing if they try to tell you the suspension stands.
    Answer Applies to: California
    Replied: 6/29/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    It is not uncommon for the police to not file the formal charges at the court by the time of your initial court date. What this means is that you likely will receive a letter in the mail which will tell you when the District Attorneys office filed the DUI charges and when your arraignment is. Of course you will have to appear at the court hearing or a warrant will issue for your arrest. In some cases, the DA's office may decide not to file charges and you may never be notified of this. You can check with the court after one year and if no charges are filed within one year of your arrest you likely will not be prosecuted. Your driving privilege is an entirely different matter. IF you took a breathe test and it came up .08 or above the officers would have taken your drivers license and given you a pink piece of paper. You have ten days in which to demand a DMV hearing. If you fail to do so your license will be suspended. The DMV operates entirely separate from the court. You should have already met with a DUI defense law firm If you haven't you should contact an experienced DUI defense firm who can help you now.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    They have up to one year to file against you. You are not in the clear and should continuously follow up with the court to make sure. Usually if they decide to file, they will send you a letter in the mail, but don't rely on that. Did you get a notice from the court that you appeared? Some courts in California have up to 2:00PM that day to file. You should definitely stay on top of this.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    This happens a lot. You will likely get a letter in the mail stating a new Court date when they decide to file charges against you. To follow up, stop by the District Attorney's Office and ask about the status of charges being filed against you. As far as your driver's license goes, request a DMV hearing ASAP. Regardless of whether the DA files charges, the DMV can still suspend your license. A hearing must be requested within ten days after arrest in order to stop an automatic suspension.
    Answer Applies to: California
    Replied: 6/29/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    Call the DA each week and continue to monitor. DA's have a lot of cases. They should send you a courtesy notice to appear but sometimes that doesn't work. Call DA periodically and check filing status.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    You must go to court on the date police indicated when you were released. This happens quite often. Get an attorney. You cannot, and should not handle this yourself.
    Answer Applies to: California
    Replied: 6/29/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney