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I have unpaid dui fines from a year and half ago. What is the best course of action to avoid jail time.

Foothill Ranch, CA |

Lost my job 2 months into paying my dui fines. I have saved money to now and really want to take care of this before it becomes even worse.

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Attorney answers 5

Posted

Are you still current on your probation other than getting behind on your fees?

Has a Motion to Revoke your probation been filed? This is an important detail . . .

Asker

Posted

Yes according to my oline case information my probation was revoked.

Jim Mitchell Medley

Jim Mitchell Medley

Posted

Then you need an advocate who will apply his or her knowledge and passion for justice to keep you from jail. I know getting a lawyer is hard, especially when you are already in a tough financial situation, but you don't have many other options that don't mean jail.

Posted

Different courts may vary in what they do but here I would advise walking in and paying the fine in full... if $$$ is the only issue, the clerks can clear up the case right then and there if you PIF. At least that is how it is taken care of here. If you want to make payments that would be different and you would have to explain why you couldn't pay... I'm sure that the court hears your same reason a lot, and the judge should understand that you are doing all that you can. Paying in full right now if possible would normally clear up everyone's problem. g

George B. O'Neill

George B. O'Neill

Posted

Just call the courthouse and ask... if they answer the phone you are good to go. They won't bite you... ask about your case and if you are able to pay in full ask how you go about doing that. If you can only make payments and a warrant is outstanding find out how to do a court surrender. I really can't see paying someone to ask those questions for you unless money is no object... but it is. Heck I can't be your attorney in court but I canl ask them what's up for you if you give me your name, DOB and contact information,... no charge. Let's get this done in the spirit of the holidays... at least you will know what you need to do... or like I suggested just get on the phone yourself. g

Posted

The failure to timely pay your fines will subject you to a warrant for your arrest and is the basis for a probation violation. A Probation Violation could expose you to jail time. Also, a pending arrest warrant could result you being placed in Jail, during a traffic ticket stop.
The best course of action is to immediately speak with an experienced DUI attorney,have the attorney appeared in court without any further delay, have warrant recalled, and pay the fine at the earliest possible moment or make arrangements with court collections dept. In previous, cases, I have had the client admit the Probation Violation, warrant recalled, & pay fine, no jail time.
Contact myself if you would like further information.

Legal disclaimer: Please note that this answer/response does not constitute legal advice of any kind or manner. It is merely intended to provide general information for purposes to aid the poster in finding answers to the question preseented. This answer/response does not create an attorney-client relationship of any kind or manner.

Posted

if you have the finances now, you should start making your payments immediately, and attempt to take care of any past due amounts. As long as you get current, and pay off the full amount prior to your deadline, you should reduce your chances of a violation.

Posted

If your probation has already been revoked and a warrant issued, the court won't accept payments on your case until the warrant is recalled. If you (and your lawyer) can show that the nonpayment was due to financial hardship, but you have the money and can pay now, you're in a decent position to avoid jail time. They cannot violate you unless you are in WILLFUL violation. If you didn't have the money, you didn't have the money. It's a bit of an uphill battle now that a year and a half have gone by, but it's nothing that can't be fixed.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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