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I have a bench warrant out for my arrest due to not finishing my counseling classes from a DUI I got back in 2009. What do I do?

Phoenix, AZ |
Filed under: DUI penalties

Classes were extended once before. Could not afford at the time so I did not finish them. Looking at serving 9 days in jail. Is there a way to get it dismissed or pushed back. I am a single mom to 2 and have nowhere for my kids to go for 9 days.

Attorney Answers 4


  1. Get a lawyer and do the most important thing, which is to get that warrant recalled. Then you can try to get back into the class and perhaps do an alterntive to jail or get suspended time. There are options, but the best bet is to deal with it head on with an attorney at your side.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  2. Do a self-surrender and tell the judge why you were having problems and how you can take the course now. Ask the judge to sign a new order and take the classes.


  3. Depending on the judge and the court, you need to go to court prepared with a plan in case the judge won't extend the time to complete the classes and not just excuses. It sounds like this has been hanging over your head for almost four years and the judge can take you into custody to complete your days at that time. The likelihood of having the days "dismissed" are slim to none.


  4. If a lawyer represented you in the original case, you can probably still contact that same attorney to ask for his or her help in preparing for, and scheduling, the court appearance in which you will voluntarily return to court to face the judge's decision about this. Your 9 days in jail may have been a condition of probation. If so, there is probably a warrant out now for your arrest, and you could be facing more than 9 days in custody. A voluntary return to court will get you a much better result than waiting for law enforcement to find you.

    A true attorney/client relationship has not been established by your question(s) and my response(s). Your question(s) and my response(s) are limited and general in nature. You cannot rely on the information in my reponse(s) because correct legal advice in any situation requires that the client provide many more facts. The addition of one seemingly small or minor fact could completely change the response(s). When you put information about a legal situation into a public forum like this one, anybody can read it, including the police and prosecutors, and anything you say can be used against you in court. I recommend that you establish a true attorney/client relationship with a lawyer who can then find out, through private communications, the other pertinent information needed to provide an accurate, safe, reliable answer for you.

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