If you want to avoid messing up your case in such a manner that you may end up in jail, when you may not have to go, then I recommend you read the following.
This is very important information I put together at my expense, to help people avoid the mistakes I see others make regularly with their cases. I am sending it to you free to make sure you don’t become one of these statistics. After reading it, if you have any questions, please feel free to give me a call. I can’t tell you how many calls I do get from people AFTER they make one or more of the following mistakes and what it costs them to attempt to fix it.
1. Not making their Court appearances – Or Being Late!
If you don’t have an attorney, you must show up at your court appearances on time, or if your attorney tells you to be present in court you must do so.
I regularly get paid extra money to help people in difficult situations because they ignore their case and let it go to warrant before getting an attorney. If you don’t show up to court and you were released without bail the judge may order bail. Even worse, the judge may increase bail if you were released on bail (recently on a simple 1st offense DUI a judge ordered $25,000 bond, which meant that the person had to pay a bail bondsman $2,500 that they never get back, just to avoid having to turn themselves into jail to –this isn’t a joke – make their 1st Court Appearance)
2. Not Showing up for Work Alternative or Home Confinement Appointments.
One of the worst things feelings I get is when I hear about people who do not show up to their appointments or deadlines with work alternative/home confinement. I’ve received many calls regarding this over the years, mainly from non-clients, but occasionally from clients, who ignore, or forget the date or time. If you don’t keep these appointments or comply with court deadlines, you will be ordered to spend time in jail. *ALSO, a side note, don’t show up with alcohol or drugs in your system (even from the night before)!!!
3. Not signing up for DUI class within the required time ordered by the court.
This is a big one. Technically if you have to go back to court to get a new referral, when you are standing in front of the judge trying to explain, the court can, and sometimes will, impose a 30-day jail penalty. Even if you avoid the jail penalty, there may also be attorney fees because you may need to have an attorney go to court and present a “legal good faith” excuse as to why you missed the deadline (to try and avoid the penalty).
4. Not Paying Your Fine on time, or Ignoring It.
Most times the court does NOT send you a bill; it is your responsibility to remember to pay on time according to their instructions (that is, you must pay the minimum amounts on time, write the correct case # on check/money orders, etc.). There’s nothing worse than getting pulled over for a basic speeding ticket and ending up in jail on an old case just because you didn’t pay the fine.
5. Not Following Special Court Orders.
Sometimes attorneys can get better deals for their clients in exchange for unusual plea bargains and orders. If you don’t follow the agreement, it could lead to more fines and/or jail time (i.e. writing a 500 word essay, or a certain number of AA meetings for certain types of DUI cases).
6. Not Keeping a Current SR-22 on File with the DMV (if required)
Many times you won’t even get a clear notice from the DMV or court if you do not have a current SR-22 on file. Check with the DMV and make sure it is current – but if you have a qualified attorney, ask them specifically how you should handle the SR-22 first. If it is not current then your license will be suspended (many people have suspended licenses and don’t even know it), and you will face other consequences.
7. Getting Caught Driving On A Suspended license.
I get many calls each month regarding people (not my clients) driving on a suspended license after their temporary license expires. It usually leads to harsh penalties, for example, the vehicle you are driving (even if you are not the owner) could be, and usually is, impounded for 30 days. The cost of the impound is extremely high (sometimes more than the value of the vehicle). It can also lead to significant jail time.
8. Not Returning Their Attorney’s Calls (if represented).
I can’t tell you of the number of great deals that I have lost because the client either took too long, or never got back to either me or my staff, (some moved without giving us new phone numbers, or addresses). You must keep your attorney informed about new addresses and phone numbers and respond to their phone calls.
9. Not Following Their Attorney’s Advice (if they are represented).
I’ve missed out on so many good deals, and even dismissals, because a client, (even after they have paid their attorney’s fees), did not follow my advice or another attorney’s advice.
10. Taking the Situation Too Lightly.
People don’t realize that a 2nd or 3rd offense can easily lead to significant jail time (NOT work alternative) … i.e. 120 days MINIMUM on a 3rd offense, or getting another DUI while the 1st is still pending. Or simply not realizing that a DUI can also be attained without any alcohol in the system—just by driving under the influence of their medical prescriptions.
As you can see from above, it is easy to avoid the 10 most common mistakes. Even though all these mistakes can be avoided by using a little common sense, most are caused by simple neglect, (i.e. like forgetting to send in a credit card payment, or missing a regular appointment) but have far greater negative impact (jail, and even the equivalent of a $1,000+ late payment fee when it comes to additional fines).
I’ve also become concerned because I see people getting DUI’s from use of their normal prescription medication—and not from abusing it. I see more and more people that have been arrested, not for bad driving, but for being “under the influence” of prescription medication. My concern lies with the fact that many times the person pulled over for is stopped for lack of registration, or another simple driving mistake, and their end up in jail and then in front of a Judge.
So be careful, it’s very common for the police to “stake out” your favorite local bar/restaurant and look for any reason to pull over people at night. In fact, in some areas the police are rewarded by the number of arrests they make. BE CAREFUL!!! The “stake out” is a known practice used by police as a way to get overtime by bringing in DUI arrestees.
I’m regularly seeing the local DA’s charge on less than .08 cases, shockingly, this is becoming more and more common. The goal for the police, is zero (.00) tolerance, and for the Government Lawyers a high conviction rate, even if it means not following the law or if innocent people get caught in the net.
I hope you find the above helpful, and I trust that I will not hear your name mentioned in court by the Judge, nor see you talking with a court clerk trying to fix one of these mistakes. There’s no worse feeling than having to fix something that so easily could have been avoided, and now with the information I have provided, you will easily be able to avoid the mistakes.
If you have any questions on how to avoid the 10 mistakes, please feel free and encouraged to call my office at (831) 657-0100.
