Is it possible to get my DUI arraignment court date extended? I have flight and hotel reservations and will be out of state.

Asked over 1 year ago - Santa Cruz, CA

It's my first DUI. I've had the plans for 6 months.

Attorney answers (5)

  1. Richard Franklin Taub

    Contributor Level 14

    7

    Lawyers agree

    Answered . The best thing you can do us retain local counsel. He or she can appear in your absence. Also, a criminal defense lawyer will give you the best chance of success. You will killl two birds with one stone.

    The information provided herein does not create an attorney-client relationship. The information provided is to... more
  2. Tyler Rougeau

    Contributor Level 4

    7

    Lawyers agree

    Answered . I agree with the other answers here. I would just add that in some counties the DA is slow to charge first time DUIs, which means the date given on a notice to appear by law enforcement may not be the actual date of your arraignment. Obviously though, you - or your attorney - should appear on the date provided in the citation so a warrant doesn't issue. Good luck.

    I am NOT giving you legal advice. Nothing stated here should be construed to establish any sort of attorney-client... more
  3. Matthew Murillo

    Pro

    Contributor Level 19

    6

    Lawyers agree

    1

    Answered . If you can't be there, you will need to hire an attorney to appear for you. Otherwise, a warrant will be issued for your arrest if you fail to appear. Unfortunately, you won't be able to push it back over the phone or prior to the hearing date, especially if you intend to ask for a public defender.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  4. Ryan Patrick Murphy

    Contributor Level 7

    3

    Lawyers agree

    Answered . As a local DUI Attorney in Santa Cruz, I would advise you to show up for court. There are two judges that handle the Misdemeanor cases... One judge is notorious for issuing warrants, high dollar, when people do not show for court.

  5. Daniel Hari Vaswani

    Contributor Level 4

    3

    Lawyers agree

    Answered . I agree with my colleagues above, you should at least retain local counsel and have them appear for you.

    Generally, misdemeanors (generally how strait DUIs are charged), don't require the defendant's presence in Court. However, each judge has their own perspective on crimes in their Courts. As a result, you should contact local counsel to give you an opinion as to how the judge will view your lack of presence to determine if it will have an adverse effect on your case as a whole.

    The information provided herein does not create an attorney-client relationship. The information provided is for... more

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI arraignment

DUI arraignments occur shortly after arrest, and are where you are informed of the charges and where you can plead guilty or not guilty.

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