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I Currently got a DUI in Arizona, I am a canadian citizen and i am sheduled to return to canada right after the intial court apperance, for which the judge would surely issue a bond. I've gone to see a couple of lawyer, they are quite expensive, one who charges 9 grand says that he has a good chance of winning my case, but that means that I would probably have to come back and face a Jury trial at a time of the year that would be impossible for me, because I dont want anyone back home to know about this.
My question is this, If i skip town, i know eventually a warrant would be issued for my arrest in AZ, what does that mean exactly? Is the warrant only local for AZ or even the county for which i got the DUI in? Could a warrant for a DUI ever be escalated to the National Crime Information Center (NCIC), and the warrant be issued for me Nation wide ? for a misdemeanor DUI is a charge in AZ.
I would be totaly fine with never going back to the state of Arizona for the rest of my life, no problem. I will however need to fly back to the USA, for either vacations ( Nevada, florida , New york ), or simply connecting flights to other worldwide destinations. I am just wondering if this warrant will show up at the US customs agent's computer when i am trying to enter the USA.
Any views and responses on this matter would be greatly appreciated especially from lawers, police officers or custom agents.
My question is this, If i skip town, i know eventually a warrant would be issued for my arrest in AZ, what does that mean exactly? Is the warrant only local for AZ or even the county for which i got the DUI in? Could a warrant for a DUI ever be escalated to the National Crime Information Center (NCIC), and the warrant be issued for me Nation wide ? for a misdemeanor DUI is a charge in AZ.
If a warrant is issued for your arrest, it will be on NCIC. If your name is run, anywhere in the U.S., and the warrant comes up, you will be subject to arrest. However, if you're not in AZ, the authorities in AZ would have to decide if they want to extradite you to face the charges.
Quote:
Originally Posted by USDUI
I am just wondering if this warrant will show up at the US customs agent's computer when i am trying to enter the USA.
Since Customs (ICE) is a Law Enforcement agency, if they run a name check when you enter the country, it will include NCIC.
Quote:
Originally Posted by USDUI
BTW: its not an extreem DUI, i was under 0.095
Any DUI is extreme!
You should face the music, whether or not you want people in Canada to know about it. If you try to skip out, in the long run it will probably bring on more severe consequences.
Face the music. If this is your first time inside an American courtroom, and you legally reside in Canada, I doubt you'll get anything more than a fine.
Otherwise, you will get arrested when they issue a bench warrant for failure to appear. RDB is right, customs will see it right away.
If a warrant is issued for your arrest, it will be on NCIC. If your name is run, anywhere in the U.S., and the warrant comes up, you will be subject to arrest. However, if you're not in AZ, the authorities in AZ would have to decide if they want to extradite you to face the charges.
Are you sure about this ? I have read on multiple sites that warrants for misdemeanors are not on the NCIC, anyone else know anything about DUI warrants?
check out this thread it seems the guy got a warrant out for him 10 years before in florida and was only issued to the NCIC 10 years later...
I Currently got a DUI in Arizona, I am a canadian citizen and i am sheduled to return to canada right after the intial court apperance, for which the judge would surely issue a bond. I've gone to see a couple of lawyer, they are quite expensive, one who charges 9 grand says that he has a good chance of winning my case, but that means that I would probably have to come back and face a Jury trial at a time of the year that would be impossible for me, because I dont want anyone back home to know about this.
My question is this, If i skip town, i know eventually a warrant would be issued for my arrest in AZ, what does that mean exactly? Is the warrant only local for AZ or even the county for which i got the DUI in? Could a warrant for a DUI ever be escalated to the National Crime Information Center (NCIC), and the warrant be issued for me Nation wide ? for a misdemeanor DUI is a charge in AZ.
I would be totaly fine with never going back to the state of Arizona for the rest of my life, no problem. I will however need to fly back to the USA, for either vacations ( Nevada, florida , New york ), or simply connecting flights to other worldwide destinations. I am just wondering if this warrant will show up at the US customs agent's computer when i am trying to enter the USA.
Any views and responses on this matter would be greatly appreciated especially from lawers, police officers or custom agents.
BTW: its not an extreem DUI, i was under 0.095
Tell that to a family that has lost someone because of a "DRUNK DRIVER" (its not an extreem DUI, i was under 0.095). I've been in law enforcement for 30 years and have seen people under a .10 that can't stand and have seen people over 1.8 that I didn't believe would blow over .05 so don't try to justify that you were only an .095. By the way I find it odd that you came here for advice when you say you have already spoken to a lawyer. You were a big enough man/woman to get yourself into this now be a big enough man/woman to get yourself out of it. To all the other members here at citi-data I would hope that you wouldn't give this person any more legal advice and let him/her figure it out for himself. It's attitudes like this ( I'd be totally fine with not ever going back to Arizona) that makes me sick. To me that just says "THE LAW DON'T APPLY TO ME".
Are you sure about this ? I have read on multiple sites that warrants for misdemeanors are not on the NCIC, anyone else know anything about DUI warrants?
check out this thread it seems the guy got a warrant out for him 10 years before in florida and was only issued to the NCIC 10 years later...
True, some states may not enter all misdeanor warrants into NCIC. As far as the 10 year span you mentioned above, eventually it was entered into the NCIC database. There is no statute of limitations on warrants.
Since you appear to be leaning towards skipping out on the charges, I guess you'll get your answer on whether or not AZ enters the "Failure To Appear" warrant, that WILL be issued for your arrest, in the NCIC database when you try and return to the U.S. If they don't slap the "bracelets" on you, then you'll know AZ didn't enter it in NCIC.
The links below are from the FBI and another site for info on NCIC.
Tell that to a family that has lost someone because of a "DRUNK DRIVER" (its not an extreem DUI, i was under 0.095). I've been in law enforcement for 30 years and have seen people under a .10 that can't stand and have seen people over 1.8 that I didn't believe would blow over .05 so don't try to justify that you were only an .095. By the way I find it odd that you came here for advice when you say you have already spoken to a lawyer. You were a big enough man/woman to get yourself into this now be a big enough man/woman to get yourself out of it. To all the other members here at citi-data I would hope that you wouldn't give this person any more legal advice and let him/her figure it out for himself. It's attitudes like this ( I'd be totally fine with not ever going back to Arizona) that makes me sick. To me that just says "THE LAW DON'T APPLY TO ME".
I agree fully with your post. My 22 years makes me feel like a rookie compared to your 30! As far as advice, I'm just trying to let him/her know the consequences of skipping town. If he/she does skip and I was to stop a Canadian for a "Fail To Appear" warrant from AZ I'd laugh my ass off all the way to station.
I Blew a 0.095, I was not involved in any accident, and i did think i was ok to drive i dont want this thread to turn into "SHAME on you Thread" i am asking for people knowledge on the subjject, I have not and will not receive the result of my blood test unless i do hire a lawer, Or does anyone know if I can somehow get the results of my blood test without hiring a lawyer ? It might very well be under 0.08
You certainly can get the results of your blood test without a lawyer. I'm assuming you got your original BAC from a breath test and if this is the case, results of your blood will likely be higher than the breath test. You may not want to be shamed, but I agree with exhdo1. I also am a retired police officer and it chaps me when I hear folks that use every imaginable excuse to defend their behavior...worry not, you aren't the first. You need to realize a couple of things. Canada and the U.S. have a compact regarding traffic and license issues. As such, Canada will be notified of your mis behavior whether or not you appear in court. AZ will likely petition the driver's license agency in Canada asking your license be suspended or revoked (depending on AZ law) and Canada will do it. You will not be able to travel into the US if you "run" from your ticket as U.S. Customs and Immigration will check you upon entry and likely will not allow you to enter, or, better yet, they will detain you for AZ authorities and charge you Federally. Any way you look at it, you were wrong. It is a shame that you feel you can dodge responsibility for your actions regardless of your minimalist attitude toward your BAC. Be a man, face the music.
I Currently got a DUI in Arizona, I am a canadian citizen and i am sheduled to return to canada right after the intial court apperance, for which the judge would surely issue a bond. I've gone to see a couple of lawyer, they are quite expensive, one who charges 9 grand says that he has a good chance of winning my case, but that means that I would probably have to come back and face a Jury trial at a time of the year that would be impossible for me, because I dont want anyone back home to know about this.
My question is this, If i skip town, i know eventually a warrant would be issued for my arrest in AZ, what does that mean exactly? Is the warrant only local for AZ or even the county for which i got the DUI in? Could a warrant for a DUI ever be escalated to the National Crime Information Center (NCIC), and the warrant be issued for me Nation wide ? for a misdemeanor DUI is a charge in AZ.
I would be totaly fine with never going back to the state of Arizona for the rest of my life, no problem. I will however need to fly back to the USA, for either vacations ( Nevada, florida , New york ), or simply connecting flights to other worldwide destinations. I am just wondering if this warrant will show up at the US customs agent's computer when i am trying to enter the USA.
Any views and responses on this matter would be greatly appreciated especially from lawers, police officers or custom agents.
BTW: its not an extreem DUI, i was under 0.095
If I were you, I'd show up for the court date and forget the attorney who wants thousands of dollars. He can't do anything for you that you can't do for yourself in my opinion, other than stand in for you if you're not there.
Go to the court. Explain to the judge your predicament. Be HUMBLE as can be and tell the truth no matter what.
You might find that it doesn't cost thousands of dollars and that you are given a fine and that's it.
If you're in Canada now, you might want to consult an attorney there about the issue and seek advice as well. I don't know about Canadian practices, but in the U.S., law schools have their budding lawyers give 1/2 hour free consultations to the public upon request. I took advantage of that through the Hastings Law School in San Francisco years ago regarding tax returns. Maybe Canadian law schools require the same non-paid service for a specific time to the public? I'd check.
If you're in Arizona now, look up any local Phoenix law schools. There must be something in a city that large. You should be able to get a free half hour consultation.
As for not showing up or fleeing, not a good idea. More than likely you will end up on the NCIC and my understanding is that the U.S. gives Canada access to that database as well.
I also understand that a DUI classified as a misdemeanor in the U.S. is classified as a felony in Canada....
With the tightening of the borders, the new passport requirements, etc....you're likely to be playing with fire if you don't address the issue.
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