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I missed my court date for DUI sentencing because my lawyer got the dates mixed up. I had a high BAC and I wrecked my car

Denver, CO |

by crashing into a pole. There was nobody else in the car with me and I didn't injure anyone but myself. I broke my foot. What is going to happen to me? I'm scared to call the court!

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Attorney answers 3

Posted

If you have a lawyer, they should have contacted the court to reschedule and make sure no bench warrant was issued for failing to appear. The answer to your question depends on the law in your state, your age, and your driving history. You will most likely receive a fine and community service. If it is your first DUI you will receive probation (some states have a mandatory 1-day jail sentence as well). If you have an attorney, he or she should be able to tell you what to expect, and should have been in contact with the court already concerning the missed hearing.

THE ABOVE ANSWER AND ANY SUPPLEMENTAL RESPONSES ARE NOT LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. NO ATTORNEY-CLIENT PRIVILEGE OR ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY THIS OR ANY OTHER RESPONSE TO YOUR QUESTION. FOR LEGAL ADVICE, PLEASE CONSULT AN ATTORNEY.

Posted

Although you may be scared to contact the court directly there is no reason not to call your attorney as quickly as possible. Your attorney will be able to assist in getting the warrant quashed and adding the case onto the court's docket so that the matter may be resolved.

Posted

You have to resolve the failure to appear with the court and your attorney. Generally, if you and your attorney take responsibility for the mix up immediately, you can avoid a lot of consequences of a FTA. Ignoring the fact that you missed a court date will probably land you in hot water.

As far as the DUI is concerned, I am assuming that you went for a PSI based on your high BAC level. This PSI report will contain a sentence recommendation to the court. This report should be made available to your attorney 72 hours prior to the sentencing date. Typically, the judge relies heavily on this recommendation in their consideration of a sentence. A first DUI with a high BAC in Denver Court will almost always result in probation with a sentence of in-home detention.

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