In this post, we wanted to address the situation where someone is arrested for driving under the influence, but they failed to pay the fines. To make more interesting, we’re going to describe a situation where the DUI defendant is not a U.S. citizen.
Let’s say that Anthony was in California temporarily because he accepted a job teaching English. In 2002, Anthony was arrested for a simple DUI, with no accident – a misdemeanor offense.
Not knowing much about U.S. law, or his rights, Anthony pleaded guilty to the DUI and went back to his home country, which is Mexico. Anthony has family in Orange County, and now he wants to come back to California for a visit, or possibly to apply for permanent resident status.
Anthony called the court to see if his DUI record was gone, but they told him that there was a warrant for his arrest, and now he owes the court thousands of dollars, which is a lot of money in Mexico.
Anthony needs a visa since he is an English teacher by profession, and he hasn’t had so much as one drink since his DUI in 2002. What can he do? Will he be arrested if he tries to cross the U.S. border?
What Needs to Be Done
In this situation, the first thing that Anthony needs to do is contact a DUI defense attorney in Orange County who practices in the court where he got his 2002 DUI.
The attorney may be able to have Antony’s warrant recalled. If he tries to enter the United States with an outstanding warrant, there is a strong possibility that he will be arrested.
If all that is wrong is Anthony failed to pay the fine, he should immediately pay it. Paying the fine will increase his chances of the warrant being successfully recalled.
The reason why the amount he owed is so much is because of civil assessments, which are the fines that were added to send the account to a collection agency. The attorney can try and get the court to waive the assessments, but if the attorney has the money in hand, it would certainly help.
If you, or someone you love is in a similar situation and have a warrant for an old DUI, contact our firm for the legal advice and guidance you need!