2nd DUI and was never charged? (California)

[hkguy]

About 10 years ago I received my first DUI at the age of 21. I was young and stupid and was a broke college student. I never resolved it and there was a warrant issued for my arrest.

7 years later I ran into a checkpoint and was given the usual tests. The officer looked me up and found that there was a warrant for my arrest, so I was thrown in jail for 12 days.

During my time in jail I never got to see a judge. I was under the impression that anyone arrested would see a judge within 48 hours.

I never got to see a judge while I was serving my 12 days. I assume it was for the warrant but not sure. When I was released they gave me back my belongings and showed me the door....no paperwork and dates to follow up.

Due to a career change, I want to finally resolve everything. Is there a reason why I didn't get to see a judge? What about the 2nd DUI? Was jail time punishment for the past DUI and the 2nd one?

EDIT: I don't even know what the case number is for the 2nd one but the DMV reports showed that I did get the 2nd one.


Thank you in advance**************.

 

[FlyingRon]

During my time in jail I never got to see a judge. I was under the impression that anyone arrested would see a judge within 48 hours.

That only applies to before you are charged. If you skip out on your responsibilities after your initial arraignment and especially after being convicted, those time limits do not apply.

I'm missing something. Is there some indication that you were intoxicated a second time rather than just being arrested for the failure to complete the first case?

You need a lawyer.

 

[hkguy]

I'm missing something. Is there some indication that you were intoxicated a second time rather than just being arrested for the failure to complete the first case?

I didn't know what I blew on the breathalyzer.

It wasn't till I got my DMV report it said I blew over the legal limit on the second one.

By doing time and not seeing a judge....is it a no contest?

 

[DUIAttyPCho]

Honestly, what you are saying doesn't make any sense. DUIs are misdemeanor criminal cases. You can't just be "given" a no contest plea and be sentenced to jail without going to court. It doesn't make any sense.

What happened is that the warrant they found on you was an out of county warrant, so they held you for 12 days to see if the other county would pick you up. The other county declined to pick you up for the warrant, because the cost of transporting you is too costly. The cops then probably cited you out for the other DUI you got arrested for at the check point, and released you after no one picked you up from the warrant.

You need a lawyer to handle your first case, and then your second case.
Since your case is open, your DUI from 10 years ago is still priorable, and so it would make your second case a 2nd DUI. Priors are counted by conviction date, not by arrest date, just so you know.

Get an attorney to deal with the cases. That is your best option. Expect some jail time. The minimum for a second DUI in LA County is 96 hours jail.

Good Luck.

 

[hkguy]

Honestly, what you are saying doesn't make any sense. DUIs are misdemeanor criminal cases. You can't just be "given" a no contest plea and be sentenced to jail without going to court. It doesn't make any sense.

What happened is that the warrant they found on you was an out of county warrant, so they held you for 12 days to see if the other county would pick you up. The other county declined to pick you up for the warrant, because the cost of transporting you is too costly. The cops then probably cited you out for the other DUI you got arrested for at the check point, and released you after no one picked you up from the warrant.

You need a lawyer to handle your first case, and then your second case.
Since your case is open, your DUI from 10 years ago is still priorable, and so it would make your second case a 2nd DUI. Priors are counted by conviction date, not by arrest date, just so you know.

Get an attorney to deal with the cases. That is your best option. Expect some jail time. The minimum for a second DUI in LA County is 96 hours jail.

Good Luck.

all this happened in the same county.

I get what you are saying. I was in jail due to my warrant but was given a 2nd DUI at the time of my arrest.