If I was charged with a DUI 8 yeas ago, can they make me take DUI classes now?

I had a misdemeanor DUI and they told me that back then they suggested that I take 20 hours of “classes” (this I do not remember, I completed everything else including my community service, court costs etc…). However, they are saying now that I have to complete the 20 hours that they originally gave me even though there have never been any other occurances of any kind since.

Asked on June 27, 2012 under Criminal Law, North Carolina

Answers:

Russ Pietryga / Pietryga Law Office

Answered 8 years ago | Contributor

It sounds like you were placed on probation.  It appears from your question, that the court ordered you to do a DUI course, community service and pay a fine.  All of these things had to be done within a certain amount of time.  Usually, if you do not do what you are ordered to do, the prosecutor will file an "Order to Show Cause," this would give you an opportunity to explain why you are no compliant with the courts orders.

A Judge has a lot of discretion on how to handle this.  To be safe, the best course of action would be to complete the 20 hours before the court determines that you are non-compliant with its orders.

Note, usually the court stays a certain period of jail.  The court does that so they can put people in jail when they do not comply with the court's orders.  In this case, you are not in compliance with the court's orders.

Hope this helps

 


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