QUESTION
Can I file a Serna motion for my DUI, and what would the cost be?
Asked on Sep 07th, 2012 on DUI/DWI - California
More details to this question:
I received a DUI in California in January of 2009. I went to court on the date on my ticket and I was not on the calendar. I spoke to the clerk and she gave me a phone number and told me to call every week until my name showed up for court. After a couple of months I got a job offer and moved to Washington. A year later while in Washington I got pulled over for speeding and the state trooper told me my license was suspended. I called California and was advised that my license was suspended and I had a warrant for a Failure To Appear. I really can't afford to take the time off and go back to California and face possible jail time, but I reallywant to take care of this. It's been over 3 years and I need to get my license back. Can I hire an attorney to file the motion and would it be a good idea to do so? What would the estimated cost be? Would I need to be present to have this resolved?
4 ANSWERS
Criminal Law Attorney serving San Diego, CA
Partner at
Lee Law Group DUI & Criminal Attorneys
YES, you should take care of this as soon as possible and you can hire an attorney to do so. It sounds like your license was suspended by the DMV, who do suspensions whether you go to court or not under their administrative powers pursuant to California law. It appears your license is also suspended through the court because you were found guilty for the DUI in default. If this is your first DUI and all the facts are as you state in your email, my firm can most probably get the warrant removed without you having to return to California from Washington. Further, if the DUI occurred 3 years ago, you should be able to get a restricted driver’s license now, and get your permanent license upon your completion of the court system’s first DUI conviction requirements. The fee depends on several factors.
Answered on Jul 29th, 2013 at 12:48 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
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It will be difficult. You must have been at an address known to the police. If over 1 year delay in arrest when you are at an address given to the police or dmv at the time of arrest you will win if you moved, particularly out of state, it is difficult. I would want $2,000 assuming the court is close to Alameda County. That would not include trial.
Answered on Sep 12th, 2012 at 11:28 PM
Criminal Defense Attorney serving McKinleyville, CA
at
Law Office M. C. Bruce
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Yes, you can hire an attorney to file and appear on this motion. You may have a good motion, depending on the circumstances of your out of state move. How much it will cost will depend on the lawyer. I would likely charge about $1500 for filing and arguing such a motion in Eureka.
Answered on Sep 12th, 2012 at 11:20 PM
Yes that is definitely an option and fees will vary from lawyer to lawyer so you will have to call one in the area in question and speak to someone directly on this as it is too much information to type.
Answered on Sep 12th, 2012 at 11:14 PM