QUESTION

Why haven't received my court date yet if its been a few days since I was pulled over and charged with a DUI?

Asked on Apr 08th, 2013 on DUI/DWI - California
More details to this question:
I was pulled over a few days back on the way home from a local neighborhood bar. I will admit I had had a good few beers before I decided to head home. I did't make it very far down the road before I was pulled over by the police. I was obviously intoxicated and asked to step out of the vehicle. I took a breathalyzer test, blowing a 1.8. I was immediately detained until sober and bailed out the next morning. Why have I not received a court date yet for this infraction?
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4 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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Your paperwork should contain information regarding your arraignment date. If not, you need to contact the agency that arrested you to determine how the jurisdiction in which you were arrested notifies people of their court dates. If they do not notify you when you are released, you need to verify that they have a mailing address that works. This is not an "infraction" this is a misdemeanor charge which carries up to 6 months in jail, substantial fines and fees, probation, school, lose of license and other consequences, this is a very serious charge. A DUI attorney can help you through this situation, its what we do.
Answered on Apr 15th, 2013 at 12:46 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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1. It is not an infraction, DUI is a misdemeanor crime punishable by up to a year in jail. 2. You should have been given release paperwork from the jail with your court date already on it. If not, you'll get a notice in the mail sometime in the next few weeks or months. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential time, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Apr 10th, 2013 at 12:42 AM

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There was probably a court date on one of the papers they gave you when you were released from jail. If not keep checking with the court at least 1 time per week.
Answered on Apr 09th, 2013 at 1:56 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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First of all, in California a DUI is a misdemeanor and not an infraction. You should have been given a citation/notice to appear when you were released. If you weren't, then you should receive a letter from either the court or the police department within the next 30 days.
Answered on Apr 09th, 2013 at 1:56 PM

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