Should I Clear Up an Old DUI Warrant?

The answer is absolutely. That outstanding warrant is keeping you from getting your license. Many people worry that they are automatically going to go to jail because they fled the case a while back. However, each situation is different. If you are able to post whatever the bond is on the warrant, you may not spend a single day in jail. Or, if you have a valid reason for missing court, or if there are other mitigating circumstances that might keep you out of jail, an attorney may be able to get the warrant quashed and recalled for you.

Whenever a bench warrant issues on a DUI case and the original bond is forfeited, the case is reported to the Secretary of State as a conviction. Thus, the Secretary of State will automatically revoke your license, even though the case has not been litigated yet. In fact, if you were eligible for supervision and, thus, your license would not be suspended, quashing and recalling that warrant may mean that your revocation will be lifted and you will be able to drive again.

Also, the case itself may actually be easier to beat if it is an old case. Many people think that the longer the case has been outstanding, the more likely the judge will be mad and really hammer them at sentencing. While it is certainly true that the judge is going to be concerned about where you have been, the fact of the matter is the more time that has passed since the DUI arrest, the harder it is for the police officer or other witnesses to remember what happened. You have to remember police officers make hundreds of arrests a year, so if your case is 10 years old it will be difficult for the officer to remember the case, even if he is able to read the police report. Also, many times the police officer may have retired or is with a different police department. If that is the case, sometimes it is difficult for the Prosecution to get the officer to come to court.

So call my office right away so I can help you take care of that old DUI.

Author: Dennis Dwyer
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