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I appeared in court on the time and date but still got a notice from DMV saying that I failed to appear how is this possible?

Tracy, CA |

When I arrived in court the bailif called roll and I was there, when the Judge called my name he said "No charges filed, you are free to go". So I did, I went on my way thinking that this was over. and then months later I get the letter saying that I failed to appear.

Attorney Answers 3


Check with the Court again and see if they later filed DUI Charges. This happens all the time and sometimes notices are not sent out. If there are charges, consult with a DUI lawyer and they can walk you through what needs to be done. If this is the case, once you are back in Court the warrant can be recalled and DMV may lift whatever hold they have for failure to appear.

Some DA's offices like San Francisco fail to send a courtesy notice when they later decide to file charges after a scheduled arraignment date. This results in a warrant, bail, and other completely unreasonable consequences. Welcome to our wonderful system.

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You question is a little bit unclear. Please understand that there are two independent agencies that will prosecute you due to a DUI. The court will control the criminal aspect of the case and the DMV will control what happens to your driver’s license. You claim that the letter was from the DMV. It sounds like you requested a DMV hearing but failed to attend the DMV hearing. This is independent from any potential court action. If you received the letter from either the court or the district attorney this is from the criminal court aspect of your case. In that case there is most likely a warrant for your arrest. You will need to appear in court to clear up the warrant issue.
Robert Driessen

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What's weird about it is that no charges would be filed on a DUI. The failure to appear might refer to your APS hearing but if you didn't ask to have one in the first place then one would never have been scheduled. Hire a lawyer in Tracy: clients are in short supply there.

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