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If iIhave a warrant for a missed court date will i Be arrested at the Dmv while trying to get a new identification card in CA?

San Diego, CA |

I received a DUI in Jan i hired a lawyer but because of my DUI i was fired. After losing my job I was unable to continue payment for my Lawyer and He no longer represents me i want to take care of the DUI but i want a lawyer therefore will need a job. I applied for a job and need to submit a CA I.D. Tough situation. Please let me know.

Attorney Answers 7


  1. DMV probably will not issue you an ID with an active warrant. Best to quash the warrant first. If you cannot afford a private attorney you will have to bite the bullet and go in yourself and immediately request a public defender. Good luck.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


  2. Possible, but not extremely likely. But as the other attorney has indicated, you might not be able to get the ID card because of the warrant.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


  3. The question I have is why do you have a warrant when you originally hired an attorney? Did your attorney appear and then a warrant was issued OR did you fail to appear at the 1st arraignment date? The simple answer IF you can't afford to hire an attorney you should contact the public defenders office and see if they can give you any advise. Usually the "PD's" office only gets involved after they are appointed in court and that is why having "private counsel" is advantageous. You need to get the warrant recalled because you are subject to arrest at any time. good luck.

    Contributions to AVVO.com do not establish an attorney-client relationship.


  4. Highly unlikely but my colleagues are correct that you are equally unlikely to receive an ID card.


  5. If you are a gambling man, yes you can be arrested because you have an outstanding warrant. What you need to do is either hire a new attorney or go into court and get the warrant recalled. Because you have an outstanding warrant you are subject to arrest at any time of the day or night.

    http://lawofficeofwilliamdaley.com/san-diego-criminal-attorney/warrant-recall

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com


  6. Very unlikely that you'll be arrested at the DMV. However, as the others have explained, it also unlikely that DMV will issue you the ID card with the warrant active. Get the warrant recalled ASAP, preferably with an attorney. Good luck.

    Jasen Nielsen


  7. You should consult with a trusted defense attorney to discuss having the warrant recalled.

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