DUI Lawyer | Joel Brand, Esq.

Bench Warrant in a DUI Case

A bench warrant is a powerful legal tool that a judge can use in a DUI (Driving Under the Influence) case, or any other criminal proceeding, to ensure that the defendant appears in court as required. If you’re involved in a DUI case in California, it’s crucial to understand what a bench warrant is, the circumstances under which it might be issued, and the process for recalling (or removing) a bench warrant. Failing to properly address a bench warrant can lead to severe consequences, including arrest, detention, and additional legal penalties.

What Is a Bench Warrant?

A bench warrant is a type of arrest warrant that is issued directly by a judge from the bench (hence the name) rather than at the request of law enforcement. In the context of a DUI case, a bench warrant is typically issued when a defendant fails to comply with a court order or fails to appear in court at a scheduled hearing. The warrant authorizes law enforcement officers to arrest the defendant and bring them before the court.

Common Reasons for Issuing a Bench Warrant in a DUI Case:

1. Failure to Appear (FTA):
   • If a defendant does not show up for a scheduled court appearance related to their DUI case, the judge may issue a bench warrant for their arrest. This is one of the most common reasons for a bench warrant to be issued in a DUI case.
2. Failure to Comply with Court Orders:
   • If a defendant fails to comply with specific court orders, such as attending mandatory DUI education classes, completing community service, or paying fines, the judge may issue a bench warrant. Compliance with court orders is mandatory, and non-compliance can trigger immediate legal action.
3. Violation of Probation:
   • In DUI cases where the defendant is on probation, violating any terms of that probation can lead to the issuance of a bench warrant. Probation terms may include abstaining from alcohol, attending regular check-ins with a probation officer, or avoiding certain locations or individuals.
4. Failure to Pay Fines or Restitution:
   • If a defendant fails to pay court-ordered fines, fees, or restitution related to their DUI case, the court may issue a bench warrant as a means to compel payment or address the non-compliance.

Consequences of a Bench Warrant:

Once a bench warrant is issued, several consequences may follow:

• Immediate Arrest: Law enforcement officers have the authority to arrest the defendant at any time, whether at home, work, or any public place. The arrest can occur without prior notice.
• Detention: After being arrested, the defendant may be held in custody until they are brought before the judge who issued the warrant. Depending on the circumstances, the defendant may be required to post bail to be released from custody.
• Additional Charges: Failing to appear in court or comply with court orders can lead to additional charges being filed against the defendant, such as contempt of court, which can carry its own penalties.
• Increased Bail Amounts: If the defendant is re-arrested, the judge may increase the bail amount, making it more difficult for the defendant to secure release from custody.
• Negative Impact on the DUI Case: The existence of a bench warrant can negatively affect the defendant’s DUI case, leading to less favorable plea deals, harsher sentencing, or even a more aggressive prosecution approach.

Bench Warrant Recall: What Does It Mean and How Does It Work?

A bench warrant recall is the process by which a judge removes or cancels a previously issued bench warrant. In the context of a DUI case, having a bench warrant recalled can prevent the negative consequences associated with the warrant, such as arrest and detention. The process of recalling a bench warrant typically involves the defendant, or their attorney, taking specific legal steps to address the issue that led to the warrant being issued.

Steps to Recall a Bench Warrant:

1. Contact the Court:
   • The first step in recalling a bench warrant is to contact the court that issued the warrant. This can be done by the defendant or their attorney. It’s important to act quickly to avoid potential arrest. Some courts may have specific procedures for handling bench warrant recalls, so it’s crucial to follow the court’s guidelines.
2. File a Motion to Recall the Bench Warrant:
   • In many cases, the defendant’s attorney will file a formal Motion to Recall Bench Warrant with the court. This motion requests that the judge cancel the warrant. The motion should include a detailed explanation of why the warrant should be recalled, such as a valid reason for the missed court appearance or evidence of compliance with court orders.
3. Attend a Bench Warrant Recall Hearing:
   • After the motion is filed, the court will schedule a hearing to determine whether the bench warrant should be recalled. Both the defendant and their attorney should attend this hearing. The judge will consider the reasons provided for the failure to appear or comply with court orders, as well as any steps the defendant has taken to address the issue.
4. Provide Evidence of Compliance:
   • If the bench warrant was issued due to non-compliance with court orders, the defendant should provide evidence of subsequent compliance at the recall hearing. This could include proof of payment of fines, completion of required classes, or other relevant documentation.
5. Judge’s Decision:
   • The judge has discretion to grant or deny the motion to recall the bench warrant. If the judge grants the motion, the warrant will be canceled, and the defendant will no longer face arrest or detention related to the warrant. However, if the judge denies the motion, the bench warrant will remain in effect, and the defendant could be taken into custody.

Factors the Judge Considers:

When deciding whether to recall a bench warrant, the judge will consider several factors:

• Reason for Failure to Appear or Comply: The judge will evaluate the validity of the defendant’s reasons for missing a court date or failing to comply with court orders. Legitimate reasons, such as medical emergencies, lack of proper notice, or unavoidable circumstances, may weigh in favor of recalling the warrant.
• Defendant’s Criminal History: The judge may also consider the defendant’s criminal history, including any prior failures to appear or non-compliance with court orders. A pattern of non-compliance may lead the judge to deny the recall request.
• Steps Taken to Address the Issue: The judge will assess whether the defendant has taken appropriate steps to address the issue that led to the warrant. For example, if the defendant missed a court date due to confusion about the schedule, promptly scheduling and attending the next hearing may demonstrate good faith.
• Public Safety Concerns: The judge may consider whether recalling the warrant would pose a risk to public safety. If the defendant is considered a flight risk or a danger to the community, the judge may be less inclined to recall the warrant.

Conclusion

A bench warrant in a DUI case can have serious consequences, including arrest, detention, and additional charges. However, there are legal avenues available to recall a bench warrant and address the underlying issues. Defendants facing a bench warrant in a DUI case should act quickly, seek legal counsel, and take the necessary steps to have the warrant recalled. Successfully recalling a bench warrant can help avoid further complications and allow the defendant to focus on resolving the underlying DUI case.

Citations:

1. California Penal Code Section 978.5 – Bench Warrant
2. California Vehicle Code Sections 23152 and 23153 – DUI Offenses
3. California Penal Code Section 1305 – Forfeiture of Bail
4. People v. Waters (1966) 241 Cal.App.2d 198 – Motion to Recall Bench Warrant
5. California Rules of Court, Rule 4.111 – Bench Warrant Procedures