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I got expelled from DUI class in CA

Pasadena, CA |

I am in the three month program and just got expelled for missing 21 days. However, there was a holiday. I only missed twice and that is allowed. I don't know what to do now. Can the school reinstate me or do I need to go to court? My license was not affected by my DUI, but the courts punishment was 3 month DUI class and 3 years informal probation.

Attorney Answers 9

  1. You should call the court that sentenced you. The Judge will want to see you and you will need to give a good response. I would call an attorney locally and get a consultation. Most attorneys on Avvo will give you a free consultation and you very well should appear with counsel upon your return to court.

  2. Contact your attorney and explain what happen. Then get back into the court immediately to ask the judge to reinstate you. Take your attorney with you.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

  3. The judge will need to issue an order reinstating you in class. You should go to court immediately, or else the class will notify the court of this and the judge will find you in violation of probation, resulting in a bench warrant for you that could be $30,000. Get to court, explain the need to be reinstated in class and there should be no problem. You may want to hire an attorney to help you on this.

  4. The court wants you to complete the class on time. If the class will not let you back in after talking to them then you will need to get a re-referral from the judge. Talk to your attorney to get some help. You could do it yourself but... it is cleaner, easier and faster to have your attorney do it. It may cost a little more but you want it done right.

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.

  5. Ask the school if they will reinstate you. If the answer is NO, then you must go back to court and ask the judge to re-refer you to the class. It might be a good idea to contact the attorney who handled your DUI case in the first place. If the class says NO, get yourself to court before a warrant is issued.

    San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy

  6. you probably will have to go to court to get an order for reinstatement. You should contact your attorney before taking any action. Act soon before a warrant may be issued for you for violating probation

  7. you probably will have to go to court to get an order for reinstatement. You should contact your attorney before taking any action. Act soon before a warrant may be issued for you for violating probation

  8. When you get kicked out of your alcohol program, the program usually notifies the court of non compliance, which is a violation of your terms of probation. Normally the judge will issue a bench warrant and you'll have to go into court to get the warrant recalled and the probation violation issue resolved. If your case was out of Pasadena, they usually just puts you in for a proof of completion and so long as time hasn't expired, you just go into court and ask for a rereferral.

    However, if the judge does find you in violation, you could get jail time for this but very few judges are that harsh, but believe me, some do give jail for just this issue.

    I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. If your case is in California or Washington, you can call me for specific legal advice on your case free of charge. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.

  9. You will have to request a re-referral from the court. The judicial officer will want to know why. Be prepared to explain what happened.

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