Legal Question in DUI Law in California

Out of state DUI

My daughter was arrested for a 1st time DUI while on vacation in California. She spent the night in jail but did not have to bond out. She has a court appearance on Aug. 28, 2008, but we can't afford to hire an attorney or send her back from Louisiana to appear. Is there any other way for her to plead guilty (a plea in absentia) and take care of it from here?


Asked on 8/07/08, 10:04 am

4 Answers from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Re: Out of state DUI

While I would still strongly suggest that you hire a lawyer in California to defend her (which he can do in absentia), you can likely simply plead guilty from Louisiana and work out probation, AA meetings, driver improvement meetings, community service, etc., through Louisiana. It is not uncommon and they know how to do it. She should call the District Attorney's office prosecuting the case in California and tell them her situation. However, I cannot stress enough that she should get an attorney in California. She would at least be more likely to get a lower sentence and she would have someone on the ground there that is fighting for her. In most cases, the amount of money you save in fines and insurance rates more than pays for the DWI lawyer's services.

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Answered on 8/07/08, 10:10 am
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Out of state DUI

I would agree with the Louisiana Attorney. You really should try to hire a California attorney to assist your daughter in this matter. Many criminal defense attorneys take credit cards, which may be an option if you don�t have the funds to pay outright. The upfront costs of paying for an attorney may be nothing compared to the long term consequences, financial and otherwise, if you go through the process without California representation.

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Answered on 8/07/08, 11:09 am
Joshua Hale Hale Law Group

Re: Out of state DUI

If your daughter does not retain counsel or come back out here, she will be facing additional charges of "failure to appear" which some judges take very seriously. Moreover an attorney that knows what he is doing can minimize the impact of this DUI. Most judges will agree on one thing, your daughter had money to come on vacation here, she should have enough to either come back or hire counsel.

I am an attorney that has handled many DUI's and am very experienced. If you would like me to take care of this please call me at your earliest convenience to discuss it further.

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Answered on 8/07/08, 11:56 am
Terry A. Nelson Nelson & Lawless

Re: Out of state DUI

To avoid an arrest warrant for failure to appear, she either has to appear personally at all her hearings, or she has to have an attorney do so. If you can't afford counsel, you can contact the local bar association to see if there are any new attorneys willing to handle it for reduced fee.

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Answered on 8/07/08, 5:23 pm


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