I have an old dui and only one but i did time in loot of the fee which was 27 days in the county but i was obligated to enroll in a class by a given day i missed the date i was suppose to be enrolled by feb 2012 i have a job now and i dont want to lose my job just in case they want to send me to jail again what can i do to avoid going back to jail i been to court several times for the same dui please help
DUI / DWI Attorney
You may be able to get re-referred to the DUI school. Contact the court where you were sentenced and ask how to obtain one if they are willing to do it informally. If the length of time you waited to take care of this makes you ineligible for a new referral, then seek an attorney as soon as possible about filing a motion to modify your probation terms in order to get a new enrollment date from the court.
The information contained in this answer does constitute legal advice nor does it constitute any warranties of any kind. Furthermore, the information provided does not in any way form a confidential attorney-client relationship and you are encouraged to seek legal counsel before relying on any portion of the information conveyed to you.
4 lawyers agree
DUI / DWI Attorney
I agree with the previous post. Call the court or go down to the clerks office and see if you can get re-referred with out having to see the judge. If it requires an appearance before the judge get an attorney. You chances of avoiding jail are better with an attorney.
Criminal Defense Attorney
Mr. Roberts is probably right, here. San Bernardino courts, including Fontana, will not reinstate DUI classes (or other probation requirements) without an appearance before the court. Most of the time, this can be handled by a private attorney without your presence. If you are represented by the public defender or other indigent counsel, you will typically need to appear. The courts in San Bernardino will typically reinstate you once or twice without raising an eyebrow. After that, additional penalties may be imposed, such as additional time in jail or on house arrest.
I am concerned about your comment that you've been to court several times. This could indicate that you are pushing the limits of the court's patience, or worse. The good news is that San Bernardino puts its court minutes online, so any attorney can immediately access your case history through their web browser. Contact a local defense attorney or firm (such as mine), sooner rather than later. Most attorneys will be happy to talk to you and give you some advice about your situation for free. The fee for representation for this type of situation should be reasonable, and you will also be able to use the public defender's services, assuming you qualify.
Regardless, get this addressed soon. The longer you remain in violation of probation, the greater the chance that the court will impose jail time. Also, your probation is likely revoked, meaning that you are extending the time that you will remain on probation every day that you don't handle this.
Finally, you hurt your chances of getting this conviction expunged once you are off probation if you repeatedly fail to perform satisfactorily, or evade the court for an extended period.
Just bite the bullet and handle it. I tell my probationer clients every day: Come to me with issues the second they arise. When ignored, issues become problems. Issues can usually be handled with a wink and a nod, maybe a slap on the wrist. Problems...not so much.
1 lawyer agrees