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What happens to someone when they have not paid their DUI fine for a first offense and are arrested for a warrant for the dui?

Oakley, CA |

My boyfriend has been supporting my 3 kids and I instead of paying off his Dui charge and was pulled over and arrested due to a warrant the court issued for him I believe for not paying the fine. We are in northern california and the jurisdiction is in southern ca Los Angeles. According to the jail they are just holding him for 5 days until LA decides if they want to pick him up. He is a full time college student and does not work so he hasnt had much accept his GI Bill to pay for school and I pay all of our bills. I have the money for the fine now but I am worried, do you think most judges will keep him in jail for not being able to afford it, or do you think they might allow me to pay this for him?

Attorney Answers 4


The fine can be converted to jail time and you can have it resolved that way. Ultimately, you will go before the judge and need an attorney to help you.

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If he's held on a warrant, he will be kept in custody until either he posts bail and is released with a new date to appear down in L.A., or they transport him down to face the judge on the warrant. He accumulates custody credits while he's in, so those may be able to be applied against some (but not all) of the fines. The judge up north can't do anything about it - he'll need to be in front of a judge in the county where his case started.

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You should consider hiring a lawyer to investigate this further.There may be another reason the warrant issued. For instance, failure to provide proof of completion of a court-ordered DUI school is a very common reason a judge would issue a warrant.

Your willingness to pay the fine is commendable, but nonpayment may not be the reason your boyfriend was picked up. You are allowed to pay the fine for him, but he is responsible for complying with all the remaining terms of probation. I recommend a consultation with an attorney.

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Depending on the actual courthouse and a good local lawyer, you can try to have attorney appear (pay off fine and recall warrant). If all works out, Judge will recall warrant and allow him to appear in a couple of weeks out of custody for a progress report.
Best of luck.

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