I got a DUI 12 years ago. I never took the required DUI classes. Will I get jail get jail time if I go before a judge?

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I got a DUI 12 years ago. I never took the required DUI classes or finished my community service, which was 90 days. Will I get jail get jail time if I go before a judge? I contacted the county court office and got a court date. I am worried I will be taken into custody. I am a single parent and don't know what to do with my daughter if that happens. I do not have money for a lawyer.

Attorney Answers

7
George Oneill ·
There should not be a problem but why are you going to court anyway... probation violation? Warrant ? If so yes you must clear that up... No then stay away. Bring paperwork from the DMV that indicates you must complete this program to the alcohol class and you should be able to attend your classes without involving the court
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Ann Gottesman ·
Since you claim you never completed the court ordered community service or dui classes, I assume you have a warrant. Most courts allow an attorney to show up with out you but if you can't afford an attorney, show up to court and ask for a public defender. Go to dmv prior to court and get an H6 printout (driving record)and see if you can enroll in a dui class using that. Then when you go to court you will have proof of having already started the dui class. That should help. But not doing any community service for all these years will definitely not make the judge happy. Still, there is a decent chance you won't go to jail if you show you already started the dui class and are motivated now to fulfill all the courts requirements. Good luck!
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Jay Finnecy ·
You might. Unfortunately, you'll need to go down the hill to San Bernardino to clear this up. Have someone else drive because not only is your license suspended, but you probably have a warrant.
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Michael Cernyar ·
So what you are saying is that you can miss 90 days of pay while in jail inorder to save money on an attorney. That doesn't sound like the best economic move, but its your life. Send your kid to a relative or a friend and take your chances. Or lawyer up and you needn't have to appear because an attorney can appear on your behalf for most misdemeanors. Good luck.
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Weihua Wang ·
Custody (or not) is up to the judge, there is little we can do to predict the outcome of the hearing without more information. But, I will say that blowing off court orders for 12 years is never endearing to a judge. I would bring to court as much mitigation as you can. Oh, and an attorney, too. That'll REALLY help. When I say mitigation, I mean things to help the judge not throw you in jail. Things like a clean record for the past 12 years, your daughter needing care, being a single parent, having a job, etc. By the way, if you don't want to do custody, you'll likely be ordered to complete the class/community service. Typically, a judge decides between: 1) probation, or 2) custody. Probation means completing those classes/other conditions. If a defendant refuses to complete probation, custody is the alternative. Because you failed to complete the classes, my guess is your probation term was revoked and time stalled. In other words, it may not have terminated yet. Therefore, even if the judge shows you mercy, and gives you another chance to probation (12 years later, parenthetically), he/she is unlikely to waive those conditions. Again, hire an attorney! I can't stress enough how important it is to have counsel with you for something like this. If you cannot afford an attorney, a public defender will be appointed, and you should go to court ready to assist him/her. Good luck! -Thomas
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Ryan Murphy ·
If you do not post bail, you will be taken into custody due to the warrant issued for your arrest. At the very least, get a Public Defender.
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