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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

Posted

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.

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1 comment

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

have your lawyer assist in getting the court to reenroll you in the program.

Posted

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.

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4 comments

Asker

Posted

I can't go to the cashier's window and ask for re-enrollment papers? How long will it take to get to court?

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

You can try to go the cashier's window first, but you may be directed back to the judge. If so, take your attorney. You can walk it in anytime. You should be done before 11 if you walk it in early.

Asker

Posted

How much would an attorney charge for this service?

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

I'd say anywhere from $300 to $500.

Posted

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.

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Posted

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.

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Posted

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

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5 comments

Asker

Posted

So the school can reinstate me even if they sent a notice to the court. This just happened so I don't have any paperwork from the court. Just the notice from the school. I didn't miss more than 21 days.

Asker

Posted

Due to the holiday when no one came to class.

Jay Scott Finnecy

Jay Scott Finnecy

Posted

Sounds like you'll need to return to court or hire a local attorney to appear for you. Check profiles and call an AVVO attorney for help.

Asker

Posted

Should I still ask the school to reinstate me?

Jay Scott Finnecy

Jay Scott Finnecy

Posted

You can ask. I suspect they'll say no. Then you can ask an attorney to help in court.

Posted

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

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Posted

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

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Posted

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.

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Posted

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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