What if I miss the court date for dui? 12 Answers as of June 27, 2011

What if I miss the court date for dui? No one gave me the citation with the court date on it so I wasn’t aware of the date

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
An arrest warrant will be or was issued. To handle a warrant, you must turn yourself into the court, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the new Failure to Appear charge, and negotiate any outstanding charges that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Maybe too late, but: 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 this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Just calendar your case and explain the situation to the Court. If you did not have notice, the court should recall and quash any warrant, dismiss any Failure to Appear (FTA)charge and reinstate proceedings against you de novo. Only the stupidest, most juvenile, insecure, bullying and petty-tyrant type of Judge would hold it against you under the circumstance of not having notice of the hearing (and unfortunately, I know several).
Answer Applies to: California
Replied: 6/27/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Go to court and set another date.
Answer Applies to: California
Replied: 6/27/2011
The Law Office of Rosanne Faul
The Law Office of Rosanne Faul | Rosanne Faul
If you miss a court date a warrant was issued for your arrest. You may want to hire a lawyer to take care of the warrant and the DUI case. If you don't take care of the warrant you may be arrested at any time by law enforcement at your home, work.
Answer Applies to: California
Replied: 6/27/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
In California, the Judge will likely issue a warrant. Check the website of your local Sheriff's Department and your local court's website to check the status of your case.
Answer Applies to: California
Replied: 6/27/2011
    Law Office of Barry Melton
    Law Office of Barry Melton | Barry Melton
    If you miss a court date, the court will almost assuredly issue a bench warrant for your arrest. You should immediately contact the court in the county in which you were cited and find out if you have an upcoming court date, or if you had a court date and missed it - when you call, also be sure to find out the amount of bail set in your case (however, note that in some instances courts issue "no bail" bench warrants.) If you have an upcoming court date be there, or arrange for an attorney to appear on your behalf. If you missed the court date, consult with a local attorney immediately; or, if you can't afford an attorney, try and make arrangements with the county public defender to get your matter on the court's calendar. If you are unable to make arrangements with an attorney or the county public defender, it would be best to make arrangements with a bail bonds agency if possible to post your bail (remember, I told you to check on the amount of your bail when you call the court) and surrender yourself at the county jail (best done on a Monday or Tuesday, so your matter comes up within 48 hours of your surrender and you don't spend a long weekend in jail [Saturdays, Sundays and holidays are not included in the 48-hour calculation].)
    Answer Applies to: California
    Replied: 6/27/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Most likely an arrest warrant was issued. You can get that taken care of. I would recommend getting an attorney to help you out on this.
    Answer Applies to: California
    Replied: 6/27/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    If you fail to appear at your court date after being arrested for a DUI the court will issue a warrant for your arrest. What this means is the court will set a "bail amount" and when you are arrested on the warrant you will have to post the bail amount that the court imposes. When a person is released from jail they must sign an agreement to appear on a specific date. If this did not happen in your case then you can tell that to your lawyer who will attempt to recall the bench warrant on your behalf.
    Answer Applies to: California
    Replied: 6/27/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is likely that they will issue a bench warrant for your address. It is advisable to set a new court date to recall the bench warrant. Feel free to contact me through 1duilawyer.com. Since it is a good idea to hire a DUI attorney to handle your case anyway. If you decide to go that route, I would recommend doing so sooner as opposed to later, then having that attorney handle recalling the bench warrant (if one is issued) and try to mitigate the potential consequences, and potentially get the DUI charges dismissed.
    Answer Applies to: California
    Replied: 6/27/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    For a DUI, you are usually arrested not given a citation. When you are released on bail or O.R.,you are also given a notice of court date. If you miss the court date, a bench warrant will be issued for your arrest. You caneither pay the amount of the bench warrant and go to court on the new date, or see if your local court has a calendar add-on policy for this sort of situation. If you do nothing, eventually, you will be arrested on the warrant.
    Answer Applies to: California
    Replied: 6/27/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    If you know you missed it, you need to go to the court and add yourself on calendar. If you did miss the date, and there was a case filed against you in court at that time, you most likely have a warrant for failure to appear. By adding yourself to the calendar, you will be able to explain to the judge why you didn't appear, and ask that the warrant be removed. If you can't do so personally, or are afraid to do so yourself, an attorney will be able to help you with that.
    Answer Applies to: California
    Replied: 6/27/2011
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