Legal Question in Criminal Law in California

3rd DUI-On probation

I went to court for my 3rd DUI,

which I received while sleeping in my

car. I am on probation from 2nd DUI

(which I've paid and completed

everything for), but wasn't detained

on the condition that I do 4 AA

meetings per week. I'm fighting my

case, pleaded not guilty and have a

pre-trial for June 29th. I'm leaving to

study abroad in Paris on June 30th.

Do i need permission to do so and will

the judge give me permission? I

return on August 9th. I have

documentation from school, flight

info., etc. And what is a pre-trial? Is

it when you take in evidence to

support your case? Or can you be

detained?


Asked on 5/29/09, 12:58 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Re: 3rd DUI-On probation

It appears that you've already been to court and were arraigned in order to get your 6/29 pretrial date, so I assume you have an attorney.

My answer is: it depends. The conditions of your release while the charge is pending will dictate whether you can leave the state or country.

Ask your attorney - they're familiar with your case.

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Answered on 5/29/09, 2:34 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: 3rd DUI-On probation

A lawyer can make all appearances for you. Hire one and you should be able to travel and leave the country without any problems.

Third time DUI is a serious offense. Sounds like you might have a defense if there is little or no evidence that you were driving while drunk. Do not forget to request a hearing from the DMV within 10 days of your arrest.

Feel free to contact my office for additional no-obligation consultation regarding your case.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 5/29/09, 6:09 pm


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