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Will I avoid jail time going back to court for 3rd time DUI referral?

San Diego, CA |

I got a DUI ( 3rd ) on 7 / 09 . Conviction 11 / 09 . I missed enrolling in Class on time , went back to court office 12 / 09 and got referral back to class . I lost work , vehicle , etc and had to move out of town to the sticks ( Frazier Park , CA ) . I couldn't make a class within the todays . Back to SD court and got referred again . Finished 29 of 35 weeklies and had to move back to F . Park . Took leave of absence and applied for transfer to New hall , CA . Upon calling to confirm my date to be reinstated ( attend class ) , they said they had no record . And nothing was available ( date they gave was 21st day to enroll ) . Went back to SD court office and now I have apt w / judge 3 / 13 / 13 . I can show 90s completion and transfer form . Am I going to jail ? Thank you .

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Attorney answers 5


Did you do the jail time already? Are we only talking about the DUI class? If you are just talking about the class, I would get as much information about what you have completed as possible. I would also suggest contacting a local DUI attorney to help you. Your chances of avoiding jail in crease exponentially when your lawyer appears for you instead of having you appear. I would bring all your paperwork to an attorney to have them look it over.

I will tell you that the Judge in D1 in San Diego is much more flexible when you can show you've been making efforts.


If you can show that you have been making an effort and trying your best to do the program, that will help. You will want to bring whatever proof you have about why you have not been able to finish in the time the court previously gave you. The judge is going to be concerned that you still have not finished a program you were ordered to do back in 2009. You may want to have an attorney attempt to get you reassigned to the program without you being present and see what the judge says--he may reassign you or he may order you to be present in court also, bt having an attorney do it first would help you.


The judge in Dept 1 might want to know why all the moving and returning. As suggested, the more you do, the less likely jail will be. However, the judge in D-1 has put people in jail, so that is an option, best to hire one of us local AVVO attorneys to help you with this one.

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at


Make sure you have all these moves and progress in the class documented. Always best to hire a locally experienced criminal defense attorney to assist.

Technically you can receive 1 year in jail minus credit for any time already served.

Good Luck!

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


If you have made a real effort to complete your required probation terms generally you will not go back to jail the first time you ask for an extension of time. You should be able to avoid jail. The judge in Dept. 1 would rather have success than failure in probation. Get an attorney before you go in. If a warrant was issued it must be recalled. Going in voluntarily without arrest on warrant means alot. Good luck to you.

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