Missed DUI Court Appearance. Now What Do I Do?!

[pinkey14]

In Washington State

I am in a very precarious situation, and don't know what to do. I am not a resident of Washington State, but was visiting there last summer and received a DUI. I suppose that things could have been much worse as far as that night was concerned; the officer pulled me over for a broken taillight in a rental car and said that he hadn't noticed me driving erratically, but thought my breath smelled faintly of alcohol. I had consumed 2 beers at the restaurant eaten only a salad, and blew just BARELY a hair over the legal limit (I normally do not drink alcohol at all). I wasn't arrested or booked, just given a police report and the officer asked my friend in the passenger seat (who hadn't had a drink) to drive me home.

To be clear, I am not looking for any kind of legal loophole to invalidate the case. All I want is to take advantage of the diversion program, as I have clear driving and criminal records.

I had only been traveling to Washington in the first place to attend the funeral of a relative, and that travel had been purchased for me by a friend. Several months passed, and I finally received a notice for arraignment. The minister of my church helped me scrape together the money for another plain ticket to go to court (it would be 16 hours by car.) At the arraignment, I was scheduled for a pre-trial hearing a month later. I am very, very low income, and was granted a public defender. I cannot afford an attorney of my own in any way, and I am mid-bankruptcy. I had to take on a second job that month to save for the cost of a trip back for the NEXT hearing. That's where things got sticky.

Due to issues with child care, work schedule, etc., I had to fly there and back the same day. My 1st flight had to circle for an extra 40 minutes before landing due to fog, and I missed my connecting flight. There was not another flight I could take and get there before the time I was to appear in court. I immediately called the court and left messages with the bailiff and the clerk, and called my public attorney's office. Her secretary said that she would page her right away to alert her to ask for a continuance, and not to worry.

Well, 2 hours later, the defender called me and said that she had forgotten her cell phone that day and hadn't received the emergency request for a continuance. Therefore, she said that she was "at a loss of words" and the judge ordered a bench warrant. She told me not to worry, that we would reschedule and she would explain the circumstances. This was almost 2 weeks ago though, and I cannot get her to call me back! I have tried to switch defenders, but was told that since the service is free of charge, I should stick with whom I'm given and wait, as PD's are always swamped.

I am scared to death. I'm being considered for a new job, and I know it comes with a criminal background check. I'm afraid that if I try to contact the court myself, I'll somehow be found and arrested. I'm worried if I GO to court to work towards resolution that I'll be arrested and jailed on the spot and have nobody to watch my kids. (I'm a single parent.) What should I do now? I'm sure that they too would be happier to resolve this in a timely manner, than rather than have things stalled for months.

[HighwayMan]

One does not blow over a .08 from two beers. And if you weren't arrested what did you blow into?

If you return yourself on the warrant you shouldn't be arrested - you would already be in court. The point of arresting you on a bench warrant is to bring you before the court and you would already be there.

In any event, the best thing to do is to contact the court and find out what to do.

[paguy88]

One does not blow over a .08 from two beers

if they are 40's you can.. sorry couldn't pas that one up.

[pinkey14]

Actually Highwayman, you can. There are even signs in restaurants that say people of small stature or with very little in their system can easily be over the legal limit for a few moments, especially if it is on their breath. And I thought that ALL states used portable breathalyzers. Are they truly uncommon? And there are signs all over the courtroom as well as warnings on their website saying that if you enter the courthouse with a bench warrant and don't have the money to post bail immediately, you COULD be jailed. This is why I was here posting a question...

[dave33]

Tough situation. Sounds like a misdemeanor d.u.i., for which you would not be extradited. Having no financial resources makes this even tougher to deal with. I guess for now avoid Washington state. When you are in a position to resolve the situation in the future, than resolve it then. To get help from free services like the p.d. than you have to be in their face. So, it's show up to court and take your chances, or work towards saving some money to resolve this in the future. Also, an out of state person trying to get diversion (if possible) comes with many complications.

[ERAUPIKE]

Originally Posted by pinkey14

Actually Highwayman, you can. There are even signs in restaurants that say people of small stature or with very little in their system can easily be over the legal limit for a few moments, especially if it is on their breath. And I thought that ALL states used portable breathalyzers. Are they truly uncommon? And there are signs all over the courtroom as well as warnings on their website saying that if you enter the courthouse with a bench warrant and don't have the money to post bail immediately, you COULD be jailed. This is why I was here posting a question...

Many states have precipritated driving rules, which means if washington has one with your state, they will deny your driving privileges (based on your out of state suspension) , which means if you get caught driving, you can be arrested for driving with out a license or suspended license. they will leave Washington out of it, but arrest you all the same! So following daves advice would not prove to be very advantageous to your freedom.

[dave33]

1st he would have to determine if his license gets suspended before a conviction. Than he would have to determine if the two states have a motor vehicle relationship. That's why I say a tough situation. 2 choices- show up with a warrant,no money, ahope and a prayer or take your chances. In hindsight I would try to get in touch with someone at Washington state or do some of your own research and find out if your license gets suspended for being charged or if suspension requires a conviction. If it requires a conviction that for now you are good.If not than do the best you can with what you got.

[HighwayMan]

Originally Posted by dave33

Tough situation. Sounds like a misdemeanor d.u.i., for which you would not be extradited.

How can you make that statement? Who are you to say he wouldn't be extradited?

[dave33]

Right, anything is possible. Let me re-phrase, an extradition is highly unlikely when a misdemeanor is concerned. I have never seen nor heard of an extradition proceeding commencing on the basis of a misdemeanor. Of course that's not to say it never happened.

[HighwayMan]

I've run into people wanted on misdemeanors and have had the originating agencies request that they be held for extradition. More than once.

[dave33]

Well then I guess he won't have to worry about the expense. As a matter of fact, considering his financial restraints, maybe he should hope for extradition. Although of course the travel accomodations won't be nearly as nice.goodluck.

[FlyingRon]

The more annoying situation is that sometimes you'll be stopped for other reasons and they'll arrest you on the misd. warrant and you'll sit around wasting your time while the other state decides that they're not going to come and get you. Of course their declining to come and get you doesn't quash the warrant, so you can end up doing this cycle over and over.

[pinkey14]

Gosh, none of this sounds too positive. I guess that on a good note (and I usually don't consider this a positive thing), I don't own a car. The kids and I bus everywhere now. At least it will lower the risk of having to have my ID run by an officer. I'm racking my brain for all of the "what-ifs" about any possible way I could be arrested. Here's an example of how paranoid I am: Last night I couldn't sleep so I got up and watched a movie. The apartment manager, who lives upstairs, knocked at my door at 3am, yelling that my TV was keeping him awake and that he had half a mind to make a noise complaint to the sheriff (the guy already doesn't like me). I broke out in a cold sweat and was never able to get back to bed, wondering if I should get the kids out of bed and take a cab to my mother's place, because I so feared an officer arresting me in the night with kids at home! Is this crazy, or am I actually being realistic to think that I could end up in a random situation where I'm asked for ID and arrested, even though I don't drive???

So I am able to track the case via the Washington courts website, and it says a few things. First of all, it says "license hold sent to DMV". I'm assuming this means a suspension, not sure if it is multi-state or what. Assuming that since I'm licensed in ID they sent it to ID DMV? Also, it says that my fine is $5000. It is not specific. I've never had any legal trouble whatsoever, so I don't know if this means bail, a court fine, a ticket, etc. Is this amount likely to be set in stone, or is it just an amount I have to pay if I don't resolve it? There is also something saying that the case status is "open" and closes the 25th of this month.

I am assuming that I should keep hounding the public defender to work with me. Does this type of thing come up on a background check for a potential employer? I didn't know if "open" cases were subjected to this, or if these things are tracked by warrant or by conviction. As stated previously, I am mid-interview process for a new job.

I'm wondering if I am a candidate for a bail bond and what it would entail. I don't have any kind of property title I could use as collateral though. If I can get one without collateral, would this help me if I went into court having it set up already?

My biggest fear in all of this is my kids. If I could spend a few nights in jail and try to get it expunged later I would, but I know I don't just get to pick jail days. I am really trying to keep this matter on the down low and resolve it, because I just won custody of the kids and want to keep things stable for them. They don't deserve all of the shuffling around. My own mother is so against a man raising kids by himself that she is ready to pounce on the opportunity to raise them herself, which I do NOT want.

Will I be granted any favor at ALL for not having any priors and a clean driving record, and for the fact that there was no accident, no kids in the car, and I was so close to the legal limit?

Sorry, I know that I have asked a lot of questions here, but I can't get a hold of the attorney and I am scared to death that if I contact the court for info I will be found and arrested. Help!

[dave33]

Relax, all of the clean record stuff etc.. is in you're favor. The 5k is probably the bail amount. If it is surety it should be $500 with a bondsman. They cannot fine you until you are convicted. You cannot be found guilty in absentia like civil court. You will not be able to get the services of a bondsman w/out money,especially being from out of state. You could always periodically check your local d.m.v. to check the status of your license. Contact the court if you want,they will not be able to locate and arrest you because of a phone call. You maybe asked for an i.d. nobody can predict the future. It's not something that worrying about will solve. Go on with life and do the best you can.

[ERAUPIKE]

Originally Posted by pinkey14

Gosh, none of this sounds too positive. I guess that on a good note (and I usually don't consider this a positive thing), I don't own a car. The kids and I bus everywhere now. At least it will lower the risk of having to have my ID run by an officer. I'm racking my brain for all of the "what-ifs" about any possible way I could be arrested. Here's an example of how paranoid I am: Last night I couldn't sleep so I got up and watched a movie. The apartment manager, who lives upstairs, knocked at my door at 3am, yelling that my TV was keeping him awake and that he had half a mind to make a noise complaint to the sheriff (the guy already doesn't like me). I broke out in a cold sweat and was never able to get back to bed, wondering if I should get the kids out of bed and take a cab to my mother's place, because I so feared an officer arresting me in the night with kids at home! Is this crazy, or am I actually being realistic to think that I could end up in a random situation where I'm asked for ID and arrested, even though I don't drive???

So I am able to track the case via the Washington courts website, and it says a few things. First of all, it says "license hold sent to DMV". I'm assuming this means a suspension, not sure if it is multi-state or what. Assuming that since I'm licensed in ID they sent it to ID DMV? Also, it says that my fine is $5000. It is not specific. I've never had any legal trouble whatsoever, so I don't know if this means bail, a court fine, a ticket, etc. Is this amount likely to be set in stone, or is it just an amount I have to pay if I don't resolve it? There is also something saying that the case status is "open" and closes the 25th of this month.

I am assuming that I should keep hounding the public defender to work with me. Does this type of thing come up on a background check for a potential employer? I didn't know if "open" cases were subjected to this, or if these things are tracked by warrant or by conviction. As stated previously, I am mid-interview process for a new job.

I'm wondering if I am a candidate for a bail bond and what it would entail. I don't have any kind of property title I could use as collateral though. If I can get one without collateral, would this help me if I went into court having it set up already?

My biggest fear in all of this is my kids. If I could spend a few nights in jail and try to get it expunged later I would, but I know I don't just get to pick jail days. I am really trying to keep this matter on the down low and resolve it, because I just won custody of the kids and want to keep things stable for them. They don't deserve all of the shuffling around. My own mother is so against a man raising kids by himself that she is ready to pounce on the opportunity to raise them herself, which I do NOT want.

Will I be granted any favor at ALL for not having any priors and a clean driving record, and for the fact that there was no accident, no kids in the car, and I was so close to the legal limit?

Sorry, I know that I have asked a lot of questions here, but I can't get a hold of the attorney and I am scared to death that if I contact the court for info I will be found and arrested. Help!

All of this is happening because of your decision to drive drunk. You have yet to take responsibility for your actions. The only way to take care of this is to return to the court and face your punishment. Dave is correct worrying won't solve this, but he left out a very important part. Actions are the only thing that will make this go away.

Your arrest is very visible to any future employer. The longer you wait to take care of this issue the less likely the state is going to allow you to expunge your record after the specified waiting period.