Good question! There are a few different things that can happen:
1. Most importantly, the failure to comply with the judgment, even regarding alcohol assessment and/or treatment, may result in an order for arrest.
Mecklenburg County has what is referred to as the post judgment center. It has staff who spend their entire day making sure people comply with judgments.
In fact, Charlotte is pretty quick in determining whether or not someone has done community service or treatment or paid fines and costs.
Therefore, it is not unusual to see orders for arrest for failure to comply in Charlotte / Mecklenburg County.
2. Technically, a failure to comply with the Court's order not only can result in an OFA, it also can end up being a basis to activate any suspended term.
Clearly, that is very serious.
3. The failure to comply with the treatment aspects of a judgment, may result in Administrative action by DMV and/or an additional period of suspension or revocation.
The assessing agency normally submits a special form to the Department of Transportation, and without that proof of compliance, the licene could be suspended indefinitely.
It makes sense to address the issue without delay and speak with an experienced impaired driving attorney.
Although it is not true in every instance, there could possibly be a manner in which to ask the Court to extend the period for compliance.
It is complicated, and a lot depends on the Court and the amount of time that has passed in noncompliance.
Again, great question!
NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.
Bill pretty much laid it out for you. Call the attorney that represented you to help, or consult with another attorney about approaching the sentencing Judge for an extension.
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