i recently recived a underaged dui.....i am 17 about to turn 18 next week..they towed my car and released me to my parents....i was wondering what the outcome would be ?? and if i should recive anything in the mail about my court date or do i have to sceduale a court date....
If you were issued a citation, it should have the court date on it. If not, where you were arrested would determine which court would handle the matter and the status could be found through contacting that court. If you surrendered your license, you should have received a document indicating that you need to contact the DMV to schedule an APS hearing. This needs to be done within 10 days of arrest.
If you were not given a court date - one will come - you will perhaps have to go to Juvenile Hall Court - don't forget your DMV hearing - fight the case if you can - DUI's on your record will likely effect you the rest of your life due to the neo-prohibitionist agenda. You can find good lawyers for California at the California DUI Lawyers Association website, www.california-dui-lawyers.org
Good luck, Joshua Dale, Executive Director of the DUI Lawyers Association - California
This answer is intended for informational purposes. For legal advice, you and your parent or guardian need to consult with an experienced criminal defense attorney in your area.
Unfortunately for you, California has a "zero tolerance" law for persons under age 21 who are caught driving with any alcohol in their blood whatsoever. As a result, you will lose your driving privilege for a year if you were (a) legally stopped; (b) driving the vehicle; and (c) had a measured blood alcohol level of 0.01% or more.
The DUI law, however, is the same for minors as for adults. To be convicted (or adjudicated delinquent) for a DUI, you must either have a blood alcohol level of 0.08% (Vehicle Code Section 23152(b)) or be sufficiently intoxicated that you cannot exercise the prudence and caution of a sober driver (Vehicle Code Section 23152(a)).
You need to consult with an attorney and review the police reports to determine if you were lawfully stopped, and could file a suppression motion (Penal Code Section 1538.5), or assert some other defense.
If convicted you could suffer criminal punishment as well as a one year suspension from DMV. The criminal punishment would vary depending on what particular code section(s) you are charged with. It may be possible to defeat the charges, you should have an experience DUI attorney review your case.
You might not receive anything in the mail regarding your court date. Most people receive a citation or an, "Agreement to Appear" when they are released from police custody. You might also try going online to the court website to see if they show a court date for you.
John Campanella, Esq. www.duifighter.com
Get free answers from experienced attorneys.
29,138 answers this week
3,085 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary