DUI - didn't start AB541

[Elvis_1974]

What is the name of your state? CA

Back in 2001 - I was arrested / plead guilty for DUI. I moved twice between when I was arrested and when I was supposed to start classes. I never did the classes - fell off the radar (stupid, yes).

I need to make things right - am tired of being afraid of being hit or pulled over.

What is the process: what am I looking at? I assume I need to go to court again at least - any fines? I still need to finish the Drunk Driving Course, right? Will I be looking at any jail time?

Thanks in advance, everyone.

-D

EDIT: Was a first time offense - clean record except for this.

 

[garrula lingua]

Go before the Judge in the original court. (go to clerk & ask them to allow you to appear and get Court to refer you to the alcohol program. Sometimes a clerk will do the order.)

Ask the Judge to order you to the 541 alcohol program.
Be honest and tell him/her that you goofed up and didn't complete the program.

But ... first, check the date you pled guilty - you were (probably) on 36 months probation from the date you entered the plea.
You should be past the period for a probation violation.

Most Judges realize that you need to straighten out the mess for DMV, and the easiest is to have the court order you into the alcohol program.

The Judge really doesn't have the capability to violate your 'probation' if it terminated, but if the Judge is ticked, s/he could refuse to give you the referral to the alcohol program (by saying they lost jurisdiction when probation expired. This isn't so, but don't argue.)
Be nice, ask nicely. If the Judge won't order you to the 541 program, try asking the court clerk if there's any other Judge/Commissioner who would help you.

If that fails, then go to DMV and ask them what you need to do to have your license reissued. Since 2005, they have been doing the suspensions and have changed the process. You should do this, anyway, as SR22 insurance is required and you need to know exactly what you have to produce to DMV in order to reissue your DL.

On 2nd thought, go to DMV first. As their rules changed in 9/05, you may not need the Court referral for DMV. Be sure to ask about requirements other than the 541 (proof of prior insurance).
If they can't refer you to the alcohol program (it has to be listed as acceptable by Probation Dept), then go before the Judge.

 

[garrula lingua]

PS: Failing to complete the alc prog is usually a probation violation with at least 30 days in county jail.

You may get a creative Judge who will exact some amount of penalty from you.

Most Judges will simply assist in cleaning up the mess and get you licensed, as they figure you're out there driving unlicensed and uninsured.

 

[garrula lingua]

If you have a clean record except for this, try to tell that to the Judge.

Put your problem in a short, apologetic one-line sentence.

Your Honor, I've always obeyed the law and I've never been in trouble except for this 2001 DUI and I really goofed up - I never completed the 541 alcohol program and I can't get a DL. I'm trying to get a referral into the 541 alcohol program.

Be sure you're not on 5 years (60 months) probation. If you are, you will be in jail for a while.

 

[Elvis_1974]

Be sure you're not on 5 years (60 months) probation. If you are, you will be in jail for a while.

How would I find that out for sure? I don't think it was anything like that...

-D

PS. Thanks so much - I appreciate the information.

 

[RichardEsq]

Didn't start AB541

I know this thread is somewhat old, but I wanted to respond to it anyway because there is an issue that has been overlooked.

When you plead to a charge, you were placed on probation. As part of your probation, the judge may have set a date for you to return to either the court or the court clerk's office to show them proof that you enrolled in the program, or if not, to show proof of completion.

When that failed to happen, the clerk's office would have sent a notice to the court saying that the proof was not filed. This USUALLY results in the court revoking probation and issuing a warrant.

The importance of this is that the probation clock STOPS running while probation is revoked. Even if it's been 5, 6, 7 years since probation was initially granted, it doesn't matter. The warrant is still out and probation will remain revoked until the judge reinstates it. That's going to require the court appearance. Please keep it in mind.