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DUI arrest in 2008, failed to appear in court. Not a U.S. citizen!

Vail, CO |

I was in the U.S. on my working holiday visa, and I got pulled over while driving drunk, I was 18. I did not appear before court because I had my return flight ticket scheduled before the hearing and now I don't know whether there's a bench warrant for my arrest. I am planning on going back to the US sometimes during the summer. How can I clear my record? Do I have to appear in court personally or can I hire a lawyer to represent me?

Thanks

Attorney Answers 5


  1. Yes you can clear your record. Depending on the judge you may or may not have to appear if you hire an attorney to represent you. Driving under the influence is a misdemeanor charge and therefore some judges, in Florida, allow the attorney to appear in place of the defendant. The attorney can even take a plea so long as there is a power of attorney on file.

    I recommend you hire counsel to rectify the situation. It may be possible to handle the entire matter without you having to be present.

    Please contact us if we can be of assistance.

    Benjamin Fernandez, Esq.
    305-448-1033


  2. I am assuming that because you posted in the Vail, CO location this is where you were cited for DUI. If so, there is almost certainly a bench warrant for you which may complicate your arrival at the airport. You can confirm this by either calling the Eagle County court clerk's office or the sheriff's office or by having someone else do this on your behalf. You should certainly get an attorney to begin working on your arrival and see if you can get the warrant quashed and another court date scheduled where you may (an I emphasize may) be able to appear through counsel.
    In terms of clearing your record, you will have to handle the case at some point. That may mean negotiating a settlement, going to trial, or getting the case dismissed. It strikes me as unlikely you would be able to any of these effectively without the assistant of counsel.

    The proceeding statement is for your benefit and designed to orient you to seek help more completely; it should not be construed as a complete answer to your legal problem or a substitution for legal advice. Only when an attorney has had the opportunity to fully explore the issues of your case can you truly be advised. By reading my statement you should not infer we have created an attorney client relationship.


  3. There will be. Your best bet to deal with the situation is to call the court and get the information about your case and then contact an attorney in the area that handles DUI cases and get their advise on what to do next.


  4. You can rest assured that there is a warrant.Sincerely,

    Attorney Mitchell S. Sexner
    Mitchell S. Sexner & Associates LLC /o
    Defending your rights since 1990
    1 (800) 996 -4824
    Email: : msslawoffices@sbcglobal.net
    Website: Criminal and Traffic Attorneys

    Answers presented on this website are intended only for informational purposes and any use of the contained material is at the users own risk. Answers are intended exclusively as a public resource for general information, and this information is intended, but is not promised or guaranteed to be, correct, up-to-date, or complete. This material is not intended to constitute legal advice, as an agreement to create an attorney-client relationship with the law offices of Mitchell S. Sexner & Associates LLC, or the provision of legal services, and receipt of this information does not constitute such an agreement. If legal or other specific expert advice is required, then the services of a competent professional should be sought.O


  5. Mr. Norris is correct. You absolutely should have a bench warrant out for your arrest and this could cause you problems getting back into the Country. You should hire an attorney to attempt to get the warrant quashed so that you can come back and address this issue. Again, it MAY be possible to get the Judge to excuse your from some of the non-dispositional hearings, but it is highly likely that you will have to appear for Court at some point.

    We handle cases in Vail so feel free to call my office for a Free Consultation to discuss this case and the best way to handle this moving forward.

    My decision to answer your question does not construe an attorney client relationship. My opinion is based on the facts you have provided. Before making any decisions, you should always consult directly with an experience attorney, either in person or via phone.

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