I was convicted of a DUI and I was ordered to go to the first offender 9 month ab-1353 alcohol program with in 21 days.
at the time I was sentenced I did not know I was supposed to go. That was 4 months ago. What do i do? will I get in trouble?
Most programs don't know to report you to the court for non-compliance because they don't know to expect your arrival. This gap in knowledge (court says "go" to you but no one says "he's coming" to them) is often a problem.
My suggested course of action:
1) go enroll in a/the program ASAP. If they accept you without a re-referral, call your attorney and say, "I messed up, but I'm in now. Can you make sure there's no VOP warrant, please?"
2) if program turns you away and says "gotta go back to court and get re-referred," then call up your attorney and say, "I messed up and need to appear in court for a re-referral." Your attorney should then take the steps necessary to get any warrant recalled and get you back on track.
Once your in - go to the program and complete it with diligent attention.
Go now and sign up. The program may require you to go back to court to get a re referral.
DUI / DWI Attorney
There may be a warrant out for your arrest. Suggest you contact your attorney ASAP and have him recall the warrant and get you an extension to enroll in the program.
William Daley (619) 238-1905 / www.lawofficeofwilliamdaley.com
Criminal Defense Attorney
Find out from the court if there is a warrant out for your arrest first and foremost. You want to have that lifted and quashed ASAP.
Then try to enroll in the program. If you cannot do so, you'll need to go back to court to get a re-enrollment order. Good luck.
You violated your probation. The court should have issued a warrant by now because it did not receive proof of enrollment from the program provider. You need to start the class as soon as possible because DMV will keep your driver's license suspended at least until you enroll in the class, pay DMV $125, get an SR22 insurance supplement, install an IID, and apply for a restricted license. If the court referred you to a specific program, the provider may have sent notice of termination to the court and DMV. If so, you can't get a license at all until you complete the class.
You need to go to court clerk's window and tell them you are requesting a re-referral to your drinking driver program. The clerk will send you to a judge. If you admit the violation, you probably won't be thrown in jail and the court will send you back to start the class. If you want to improve your chances of getting the referral without additional punishment, hire a lawyer who is familiar with the court.
My colleagues are correct- however you may need to get a re-referral from court to be allowed to enroll. Get an attorney and get your matter on calendar.
ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
DUI / DWI Attorney
Try to enroll now as a volunteer. It usually helps to be enrolled prior to going to court. I agree that you should contact an attorney to represent you in court as you could have a warrant out for your arrest. It is best to do this as soon as possible. A warrant can also result in action by the DMV against your driving privileges.