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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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I recently pleaded "no contest" to a "standard first" DUI in

Customer Question

I recently pleaded "no contest" to a "standard first" DUI in San Mateo County, California. I am required to do the 3 month first offender DUI class. Because I live in another state, the court gave me permission to do the DUI class online as opposed to needing to travel back to do it California in person. My question is--how to ensure that the court is informed as to my enrolment in the class and its completion? The court requires me to submit proof of completion by a certain date, but the procedures for doing so are unclear. Can I count on the online DUI school to inform the court on my behalf or are there other procedures to be followed?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Did the DUI class indicate that it would send you confirmation of completion?

Thanks



Customer: replied 1 year ago.

Yes the DUI class indicated that they would be sending ME confirmation of completion--but I don't recall them saying they would send it to the court. I did provide the DUI class with the name of the county (San Mateo) in which the court is located. My attorney said the DUI class should automatically send it to the court. He's a great attorney for matters in his own state but I'm not sure how familiar he is with these online DUI schools for out-of-state residents--so I'm not sure if I should rely on his opinion there.

Expert:  xavierjd replied 1 year ago.
Hi David,

I am sorry for the delay. I was just about to hit the "send" button, and my answer went into cyberspace! So, I will answer it again!

Your instincts are correct. You should NOT rely on your attorney's representation that the "DUI class will send confirmation of your completion of the class." I am sure that your attorney is excellent, but, as you stated, he does NOT practice law in the state in which you were convicted.

The best way to ensure that the court receives the information that it needs is to do the following:

1. Contact the company who ran (or is running) the DUI class. Ask that the company fax or send you written confirmation that you have successfully completed the class. Also ask that the company include the date on which you began the class and the date upon which it was completed. In any case, you will have a copy of the completion for your records.

2. Call the court in which you were convicted and ask to speak to someone in the "criminal/misdemeanor" division. The court clerk can look up your case and check if the company sent in the confirmation of the completion of the DUI class. If it did, you need to do nothing further.

3. If the court has NOT received the confirmation from the company who ran the DUI class, then (hopefully), you will have received the successful completion confirmation from the company. You can then ask the court clerk for the court's fax number and fax the information to the court clerk with whom you spoke. In the best case scenario, you can fax the information while you are on the phone with the clerk. If that is not possible, then you can call the clerk after you sent the fax to confirm that she has received the information. Once received, the clerk will put the information into your file and/or the computer.

4. If the company that ran the DUI class has NOT sent the court the confirmation of your successful completion and you have not received the confirmation from the company, then you MUST contact the company by phone, e-mail, etc. and request that the information be sent to the court and that you be sent confirmation that the information was sent to the court. You should also ask that the company send you confirmation of the date that you began the class and the date that you successfully completed the course. You can then fax that information to the court. Again, call the court and ask to speak to the clerk in the criminal/misdemeanor division. You can ask him/her for the fax number and then fax the information to the court.

5. In any case, you should have a copy of the completion of the DUI course for your records. That way, if there is ANY question about your attendance, you will have a record of your completion of the class.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

xavierjd

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 1 year ago.

This is all extremely helpful. Just one small correction: my attorney DOES practice law in the state in which I was convicted. It is just that most of his clients also live in that state--and I do not. And his other clients will be doing their DUI school in California whereas I am not (by permission of the court). My suspicion is that his advice is good for his clients in general--but not for my situation.


 


But, again, thank you for the excellent answer!!


 

Expert:  xavierjd replied 1 year ago.
Hi David,

I apologize. It was my mistake.

I believe that you are correct. He may be an excellent attorney, but you do not live in the state in which you were convicted. You should NOT rely upon his opinion. It is VERY important that YOU be proactive. It is far better that the court receives a "double confirmation" that you completed the class, than no confirmation at all!

I wish you the best!

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

xavierjd

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you!!

Expert:  xavierjd replied 1 year ago.

Hi David,

Thank you SO much for the "excellent service" rating and for the GENEROUS bonus! Both are greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again, and best wishes!

xavierjd

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