• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

2nd offense in CA, scared about jail/suspension

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

evanmig

Junior Member
What is the name of your state? CA (San Diego)

This is my second offense, I had a wet reckless 3 yrs 9 months ago. I was involved in a traffic accident (no injuries reported so far) and was arrested for DUI. I consented to a breath test at the station an hour later, and blew a 0.17

I have been hearing some pretty scary things that might happen to me, like jail, suspension of license for 2 years, drug/alcohol classes for 1-2 years, and even working full days every weekend day, including weekends for at least a year. That on top of all the fines. How am I supposed to even get to these classes and weekend work days?? How am I supposed to keep my job, and still be able to pay their fines?

Is it true that I am facing all these penalties? I just can't believe it. Another attorney friend of mine (not a DUI specialist) said that the only way I could avoid these life destroying penalties was to leave the state of CA and never come back - or at least for 7 years until the warrant runs out. Is this true? Will I even be able to get a license in another state, do they check other state driving records? What happens if I do get a license in another state and I get pulled over for anything, will they see the warrant and arrest me?

Or, is this just poor advice?
 


I AM ALWAYS LIABLE

Senior Member
evanmig said:
What is the name of your state? CA (San Diego)

This is my second offense, I had a wet reckless 3 yrs 9 months ago. I was involved in a traffic accident (no injuries reported so far) and was arrested for DUI. I consented to a breath test at the station an hour later, and blew a 0.17

I have been hearing some pretty scary things that might happen to me, like jail, suspension of license for 2 years, drug/alcohol classes for 1-2 years, and even working full days every weekend day, including weekends for at least a year. That on top of all the fines. How am I supposed to even get to these classes and weekend work days?? How am I supposed to keep my job, and still be able to pay their fines?

Is it true that I am facing all these penalties? I just can't believe it. Another attorney friend of mine (not a DUI specialist) said that the only way I could avoid these life destroying penalties was to leave the state of CA and never come back - or at least for 7 years until the warrant runs out. Is this true? Will I even be able to get a license in another state, do they check other state driving records? What happens if I do get a license in another state and I get pulled over for anything, will they see the warrant and arrest me?

Or, is this just poor advice?

My response:

San Diego has a wonderful Mass Transit System. Use it.

As for the attorney, either you're lying or the attorney is the biggest dumb schmuck that ever received a Bar Card.

IAAL
 

CdwJava

Senior Member
evanmig said:
Another attorney friend of mine (not a DUI specialist) said that the only way I could avoid these life destroying penalties was to leave the state of CA and never come back - or at least for 7 years until the warrant runs out. Is this true?
You're either lying or your guy failed the bar.

Aside from the patently bad advice to leave the state, I have some bad news - warrants do not "expire".


Will I even be able to get a license in another state, do they check other state driving records?
Yes, they Do check other state's records.


What happens if I do get a license in another state and I get pulled over for anything, will they see the warrant and arrest me?
Possibly. it depends if CA wants to extradite for the warrant or not. You won't know until it happens.


- Carl
 

DumbDrunk

Junior Member
Carl,

Probably passed the bar, but never really 'internalized' the ole Multistate Professional Responsibility Exam.....
 

BigMistakeFl

Senior Member
BigMistakeFl

Maybe the lawyer friend was speaking strictly tongue-in-cheek. I suspect that if he did say this, it was sarcastic as if stating that there is no way to escape this unless you leave and hide for the rest of your life somewhere and never come back. Best thing you can do is forget that statement. You will not outrun this forever, you can only delay the process from starting and ending, and anger the court.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top