Alcohol & Drugs: DUI, DWI Second DUI

[bakersfield]

I got my second DUI. I was in a single car accident and hit a light post. I was hospitalized and released. My CDL is suspended but I have not been contacted by the courts. Should I contact the courts myself and get this process started or should I wait for them to contact me?

 

[army judge]

You should retain an attorney and have him or her inquire.

If you want, you should inquire of the persecutor or read the information on your citation.

Yes, you'd be smart to find out when and where you are to go to get this matter closed.

 

[bakersfield]

I have not received any citation from the courts at this time. It has been 4 months. The only thing I received was from the DMV

 

[army judge]

I have not received any citation from the courts at this time. It has been 4 months. The only thing I received was from the DMV

You can check with a local bail bondsman.
A bail agent can tell you if any warrants exist, and what your bond would cost you.
He or she can tell you what county or agency issued the warrant, even bench warrants.
It won't cost you a dime to ask, and they won't come looking for you.

If I found myself in your position, I'd have lawyers up from my hospital bed.

You might want to lawyer up, now.

Were you cited by the police?
If so, inquire of the police agency.

If not, inquire of the DMV.

The citation is often mailed, when the alleged violator is hospitalized.

Somehow the DMV was notified.

That tells me the police were involved.

Beat the bushes. Why?

They might have cited you, it went to an incorrect address, and a FTA WARRANT might already have been issued.

Keep looking.

 

[CdwJava]

I got my second DUI. I was in a single car accident and hit a light post. I was hospitalized and released. My CDL is suspended but I have not been contacted by the courts. Should I contact the courts myself and get this process started or should I wait for them to contact me?

You say you were hospitalized and released. Were you issued a citation by the police for the DUI? Were you arrested and booked into the jail? If cited or physically arrested and then released (on a promise to appear - a citation), then your arraignment date should be on the citation.

If you were NOT cited, and the police were not involved with your collision for some bizarre reason, then it may be possible that you will slip through the cracks in the legal system. It sounds as if you really need to get into a treatment program. The life you save may be someone I care about.

 

[CdwJava]

I have not received any citation from the courts at this time. It has been 4 months. The only thing I received was from the DMV

The courts do not issue citations - the police do.

If your citation was suspended for THIS incident, then it is almost certain the police were involved and your license was suspended by issuance of an Admin Per Se document (a DS 367) that informs you that your license will be suspended in 30 days if you fail to schedule a hearing on the matter.

Given the severe lack of resources throughout much of CA these days many DUI cases are going nearly the full year of the statute of limitations before any filing. So, you still have another 8 months to go if they have not yet filed in court.

As AJ mentioned, it might even be possible that you were cited and that the address information on your license or with the DMV is incorrect so you never got a copy of a notice for any further proceedings. If so, then it is possible that a warrant might already exist.

You might also consider checking your local court website to see if they have any action involving you - some of these sites have free search options.

 

[thelawman]

Definitely contact an attorney right away. How do you know your CDL is suspended?