Is it possible to change my Court date (for a DUI)?

DUI 1 views 5 answers
I got a DUI last night and a Court date was set for 30 days. The problem is that I have everything ready for a 3 months travel outside the country. Is it possible to change my Court date to eighter earlier or later? And could I start those AA classes when I come back?

Attorney Answers

5
Joseph Dane ·
You signed a written promise to appear in court on or before the date on your citation or release paperwork. If the case gets filed by the Orange County DA in time (something they often miss), then you can appear earlier and ask to have the case advanced (put on calendar earlier). You have to get there first thing in the morning or you'll miss the cut-off date. You can't do this unless the case is already filed by the DA and submitted to the court. They are notoriously last-minute or miss those filing deadlines, but you won't know until your court date. The other option is to hire an attorney to represent you. Assuming this is a first-time DUI, your attorney can make any and all court appearances for you if necessary. They should be able to accommodate your travel plans, but you'll need to discuss the details with your attorney. Keep in mind the DMV proceedings as well - you only have 10 days to request a hearing to contest the license suspension.
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Edward Blum ·
Yes. You can go earlier than 9 am and have the clerk advance your case on early. You can arrange around your schedule. Edward J. Blum
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Brian Gurwitz ·
Yes it is possible, but it is also likely that the case will not be filed until the day before your court date. If so, there won't be time to do this. It is also fairly common that the case won't be filed until after your court date. If so, there is no case to "advance" and you may be overseas. Your best bet is to hire an attorney who can appear on your behalf, without your presence. This is your right under section 977 of the California Penal Code, so long as it is a misdemeanor DUI. AA (Alcoholics Anonymous) classes are generally not part of a sentence for a 1st time DUI conviction. You may be referring to DUI classes, which are part of any DUI conviction. And yes, you may start these upon your return. Best of luck to you -
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Robert Miller ·
Thanks for your question. If filed by the prosecutor, (the District Attorney, if your case is in Newport Beach), then once filed, you can ask the court clerk to "advance" your date to an earlier date. Keep in mind also that California law, specifically Penal Code section 977(a), allows an attorney to appear on your behalf, as your agent, the same as if you were there. I've handled many cases where my clients were out of the country, and as their attorney, can handle the case without them having to make expensive and inconvenient travel plans to wait around in court. Thanks again, and all the best to you.
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John Buckley ·
Some courts have a mechanism to "add-on" to a docket. Contact the clerk for the court to which you have been summoned and find out their procedure. Having said that, trying to travel for 3 months outside the country will certainly be a challenge when trying to schedule another court date. In order to accomplish such a task, you need to consult with an attorney. Far too many people just accept a plea bargain as soon as they've been charged with a DUI. One of the great things about our country is that the PRESUMPTION OF INNOCENCE. Just because the arresting officer said you were DUI doesn't mean a thing. The government must prove your guilt beyond a reasonable doubt. Talk to an attorney regarding the defenses to your case. Best of luck.
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