Modifying a DC DUI Court Date

When modifying a DC DUI court date, it may be critical to sit down with your legal representative before submitting any paperwork. Working with an experienced impaired driving attorney as you take this and other steps in your case can ensure the greatest likelihood of achieving a desirable outcome.

Modification Application Process

An individual is given a citation by the police officer with the date of the arraignment, which is usually several weeks after the arrest date. There are many reasons someone pursues modifying a DC DUI court date. If an individual plans to be out of the jurisdiction on that date, they can go to the Criminal Division’s Information Office at least two weeks prior, pick a new date, and sign the notice for that date one time for their arraignment.

In other situations when an individual needs to change their court date, their attorney can file a Motion to Change the Citation Date to pick a new date and provide an explanation for the request. The court considers the motion and can issue an order to that effect.

Out of State Residents

In cases where the person charged resides out of state, for the first court date called an arraignment, a person can contact the clerk’s office to ask for a new court date and see if it is possible to do so via mail. Most often though, if a person is out of state, they must hire counsel and have the counsel file the appropriate motion with the court to arrange for a new court date and time.

Out of State Options

Many people travel to and from the District of Columbia from elsewhere for business or personal reasons. Modifying a DC DUI court date is not uncommon when someone lives outside the area in which they have been charged.

When an individual lives in Northern Virginia or the Maryland suburbs of DC, the court is usually not amenable to moving court dates because of some small inconvenience. However, there are many visitors in Washington DC from all over the United States and one of them might get arrested for something.

When a person lives a significant distance away, and they are cited and released by the police with an arraignment date, they can go to the criminal court clerk at the courthouse and request a new date.

Signing a Notice

The out of state person would sign a notice officially acknowledging that they requested a new court date and they promise to return to court. When a person needs to change to a different court date that is not their first arraignment, they can request to have their attorney file a motion.

Presence of a Lawyer

Some jurisdictions do not require an individual to appear if their attorney appears on their behalf. That is not the situation in the District of Columbia except in very rare circumstances where the court has previously agreed to waive the person’s presence.

However, the court usually does not give permission to waive the defendant’s presence. The person must appear at any and all court dates with their attorney. If they do not appear with their attorney, a bench warrant is issued by the judge for their arrest with or without a bond attached.

When there is no bond, the individual can be arrested if they come into contact with the police. In that case, they are arrested and held until they are brought to court. When there is a bond attached to the warrant and the individual is arrested, they can post the bond to get out of custody and return to court at a later date. They could also be charged with a Bail Reform Act violation.

In DC, under the Bail Reform Act, if an individual misses court, they can be charged for failing to appear in court with a misdemeanor or a felony depending on the court hearing and the type of case. Potentially, they could receive new charges that have a greater penalty than the original charges related to their missed court date. Contact an attorney before making an attempt at modifying a DC DUI court date.