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My husband has had two DUI's in a month and when he went to court both times neither was on the docket.
Anonymous2 views5 answers
My husband had two DUI's in October. One came in below the legal limit in our state. The second was well over the legal limit. Yet both times he went to court he was not on the docket or in the system. Is he just the luckiest drunk driver in the world or could the system be backed up? Also, am I at risk of liability if my name is on the vehicle he is driving. I want no responsibility or liability for his actions in this.
First, despite not being on the court calendar do not forget that DMV may still take action against his driving privileges. A person arrested for a DUI in California only has ten days to request a hearing reagarding the suspension, otherwise DMV may proceed with the suspension on their own. Make sure and contact DMV for a hearing and if the time requirement has already passed, you may want to ensure that he still has a valid license!!
As to the case not being on the court calendar, I would tend to say that the system is "backed up" at least to one of the cases. If this was a DUI involving a blood sample, the sample must be sent to a laboratory for examination, then the results sent back to the law enforcement agency or District Attorney. Then the District Attorney must review the case and determine if they want to proceed with prosecution.
If this was simply a breath sample, then there may be some luck involved, unless the District Attorney just has not received all of the reports from the law enforcement agency. You say these incidents happened in October, so not much time has passed and it is likely the case (s) is still under review.
Before you celebrate being "lucky", remember that the District Attorney has one year to file a case in misdemeanors.
As to your liability, you do not mention any accident??
You can call the DA's office to find out if they have received the cases and if they really are under review or if a decision has been made regarding the filing. if you want the number, contact me.
Missing complaints are quite common. The DA has a year to file . The DMV will take action right a way for the DUI over .08. You Jane responsibity for your husband. You would be unlucky if he were driving while under the influence- you could get killed.
Get am attorney!
Andrew Roberts
(818) 597-0633
