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rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience:  Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
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My daughter was convicted of a DUI in Los Angeles ...

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My daughter was convicted of a DUI in Los Angeles County. She was ordered to pay $1,600 and attend AA, and DUI classes. She made payments of half the amount, lost her job, got extension on the payment, attended classes, passes all drug tests, but was told by officier that she had an arrrest warrant. She went to the courthouse to pay the remainder of the money due, and was told she had a warant and would have to see the judge. She has been told by people that she will have to do some jail time. What should she do and what can she expect?


Well she can and should pay the balance of the fine and get the DUI issue finalized. Whatever the warrant issue, the DUI disposition will not be affected. Actually, the fact that she has done everything she is supposed to on the DUI MIGHT work in her favor, despite the fact that she got the dui to begin with.

Regarding the ramifications of the warrant, it totally depends on what the underlying crime was that was the basis for the warrant; whether she had been given mutiple opportunities to appear at the time and failed to do so; the validity of the underlying charge; whether it can be proven; how long ago it was; whether it is a CA or out of state warrant, etc. Of course, failing to appear is IN ITSELF a charge separate from the underlying charge. I would need to know the details mentioned above before I gave you an intelligent answer on that part of the question.


Customer: replied 8 years ago.
We suspect the warrant has to do with not appearing for a payment extension or failure to make a payment on time. They will not give details of the warrant until she sees the judge. The warrant does not appear on line. We are interested in the answer to the jail or typical penalties associated with a failure to appear or make payment?

I thought the warrant had to do with an old unrelated case. When was she supposed to pay the balance of the fine? How late is it? Had the judge told her at sentencing that if she couldn't pay on time she must appear and ask for an extension? Did she understand that? How old is she?


Customer: replied 8 years ago.
Reply to rvlaw's Post: She is 21 yrs old. The DUI occured last January 2007. Yes she did understand the need to get an extension, and claims she had gotten two extensions and made payments in between. We suspect she is probably several months late since making the last payment as that was when she was laid off her job. She has no prior criminal record and is presently employed.

Based on her age; the fact she did make regular payments; that she was laid off; and that she is prepared to make the final payment, from my 30+ years experience, unless the judge is really hard, I don't think she will be given jail time. Just make sure she is extremely humble and apologetic when she appears in court and tells the judge she was afraid to ask for another extension after she was laid off and was trying to be independent and not ask her parents for the money.


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