The first thing we want to say is “Don’t Miss Your Court Date!!” The second thing we want to say is that this blog is based on research that we have done and we believe it represents real legal issues and guidance, however before you make any decisions or take any action, “Talk to Your Lawyer!”
We would really like to emphasize this point about talking to and communicating with your lawyer at all times. He or she can provide you with appropriate guidance that is specific to your situation and your case and he or she can also help you avoid getting into even more difficulty with the judge and the legal system. The legal system sometimes can be very unforgiving and you definitely want to avoid doing things that can make your situation worse.
DWI & DUI fines
If you have already been charged with a DWI or DUI offense, chances are you have already appeared once before the judge, perhaps been given a court date and released with or without bail. Your lawyer will have represented you in court and requested that the court allow you to walk out on bail with the huge assumption that you will arrive back in court for your hearing on the assigned court date.
DWI and DUI are separate issues and let’s face it you should not have put yourself in a position where you could be stopped and charged, however this is what has occurred and now you have to deal with appearing in court to find out what your fine will be and whether you will pay a fine or do some time in jail.
Why would you miss a court date?
From the courts perspective, short of being dead or incapacitated, there is no legitimate reason that you can come up with for not appearing in court at the prescribed time.
Many people do however miss their court dates for a variety of reasons. Some people are just too lazy to get there on time, while others have a variety of mishaps that prevent them from arriving for their court date. Some have accidents, some are too sick, some cannot get off work and some are just too afraid to go to court.
If you cannot make it to court, the minimum you should do is call your lawyer and explain. There may be a solution that he or she can provide, or at the very least they can explain it to the judge why you are not in court and request leniency from the court and request a new court date which you had better make.
Will the Judge issue a warrant?
In some cases the judge based on the information that your lawyer provides will schedule a new date for you to appear. In many cases your bail will be revoked and a warrant issued for your arrest.
Now comes the really tough part. If there is a warrant issued, you may not be arrested immediatley, however if should happened to be stopped by the police for any other reason, or come in contact with the police, they will arrest you on the spot based on the warrant and take you straight to jail!
Now it really depends on your past relationship with the courts if you have one, the reason that you missed the first court date, how good your lawyer is, how you appear in court, your attitude in court towards the judge and the attitude of the judge that day. You could have your bail rescinded permanently and you go straight to jail, and stay their until your next court date to hear the original DWI or DUI charge! Make an effort to be respectful to the court!
Follow Your Lawyers Advice
Not only have lawyers spent a long time in school to learn the laws of the nation, they have also gained a great deal of experience in dealing with the courts and how laws are applied. They have a pretty good idea what will fly and what will not when it comes to missing dates and appearing for DUI and DWI charges.
If your lawyer tells you that you really need to attend the next court date and you need to dress appropriately, he or she is telling you this based on the experience they have in dealing with cases such as yours. If you do not communicate with your lawyer, advise them that you cannot make it to court for some reason , there is not much they can do for you. Always call your lawyer and follow their advice. They will ensure that whatever charge you are faced with will be minimized to the extent the law allows given your circumstances.
Your comments are welcome on this and other issues.
