QUESTION

Can out of state DUI cases be dismissed/reduced without my appearing in court?

Asked on Oct 30th, 2012 on DUI/DWI - Michigan
More details to this question:
I was arrested for a DUI on 9-1 after refusing a breathalyzer. I was on vacation in a MN, however I live in WI (8 1/2 hrs from where I was arrested). I feel I have a good case for dismissal if I hire a lawyer. I passed my field sobriety tests and when I asked the officer that night why he pulled me over he stated, "Suspicious looking vehicle." I drive a 2012 green scion family/economy car. The complaint I received in the mail, saying the case was finally filed on 10-22, states, "The officer pulled up to the driver’s side in an attempt to speak with [me] and [I] drove off without acknowledging the officer forcing him to pull me over." This is a false statement. I truly do not believe the officer had any reason at all to pull me over. I spoke to a lawyer before being put into a holding cell who suggested I consent to a blood alcohol test at the hospital, at which I point I did. I was very polite to all of the officers that night and did exactly as I was told. I was held overnight and released the next morning with my things, my license intact and no paperwork. Leaving that morning, I was under the impression that I had not been charged with anything. I have a court date set for two weeks from now at which they say if I do not appear at, I will have more charges pressed against me. I cannot monetarily afford to make that trip right now, nor I can afford to up and leave in the middle of my fall semester. I have a clean record, driving and otherwise, and I'm a full-time student studying education. I am worried what having this on my record will do to my future teaching career. I do plan on hiring a lawyer, I just need to know what my next step is.
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4 ANSWERS

DUI Defense Attorney serving San Diego, CA
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Yes, an attorney in California may be able to represent you without you being there under Penal Code Section 977. As long as it is a misdemeanor case, you should be OK. It sounds like you have some issues with the stop and I would strongly encourage you to speak with an attorney about your case.
Answered on Nov 01st, 2012 at 3:03 AM

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It is possible for a DUI of an out of state defendant to be handed without that person appearing in court.
Answered on Nov 01st, 2012 at 2:36 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Yes, you have to appear. No, it probably cannot be dealt with without your presence. Your next step... you answered it for yourself when you said that you planned to hire a lawyer. Well, the time to do so is now.
Answered on Nov 01st, 2012 at 2:25 AM

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Michael J. Breczinski
Hire a lawyer and have that person try to get the date adjourned. You will have to appear some time for this ticket.
Answered on Nov 01st, 2012 at 1:33 AM

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