Legal Question in DUI Law in California

Failure to appear

I had a DUI arrest 6 years ago in another county than the one I live in. I went to 2 court appearances with a public defender (I pleaded not guilty) and then was unable to make my 3rd and all subsequent court dates. Is there a statute of limitations and what do I need to do to get my drivers license re-instated?


Asked on 3/17/04, 3:35 am

4 Answers from Attorneys

Robert Nelson Rizio and Nelson

Re: Failure to appear

You most likely have a warrant out for your arrest if you did not appear at your other court dates. In order for you to get your license back you need to resolve this matter and complete the alcohol program. You may contact my partner, Greg Rizio at 888 292-8888 should you wish to discuss this further.

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Answered on 3/17/04, 12:04 pm
George Woodworth Law Office of George Woodworth & Associates

Re: Response re Failure to appear

Hello---Thank you for your question. When you don't go to Court as scheduled, the Court will issue a Bench Warrant for your arrest, and you can be picked up at any time. You need to appear back in that Court and take care of this DUI case and then you can get your license back. We can help you. Call us at: (562) 929-7422, or email me, and we'll take action. Thanks, Attorney Woodworth

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Answered on 3/17/04, 12:17 pm
Terry A. Nelson Nelson & Lawless

Re: Failure to appear

There is no statute of limitations on warrants for arrest, which were issued when you failed to appear. You have to accept reality and deal with the court by appearing, and then either negotiate a settlement/plea or take the matter to trial. No license can be issued until the charges are resolved with a combination of fines, alcohol school, jail, etc. Contact me if interested in having counsel in this matter, as you are going to need it to try to avoid some of all of the potential jail time. Keep in mind that if you ever stopped for a record check by the police anywhere in the US, you will be arrested immediately.

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Answered on 3/17/04, 1:29 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Failure to appear

Thank you for your posting.

As you can tell by the answers thus far, your biggest problem is there is a warrant for your arrest, and the warrant is not subject to a statute of limitations. If you had not appeared, and were not advised of your court date, then the one year misdemeanor statute of limitations would apply. With further details, our office can check to see if you have a warrant and advise on how to best clear it up.

To get your license reinstated, you need to pay a reissuance fee, attend and complete an alcohol school, and submit proof of insurance. The DMV may also require an "abstract", showing that the court case has been dealt with.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

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Answered on 3/17/04, 1:55 pm


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