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Originally Posted by Aguila Blanca
Disclaimer: I am NOT an attorney, I have never (that I can remember) stayed at a Holiday Inn Express, and I agree that the Internet is not the best place to get legal advice. With that out of the way, let's look at your situation:
1. You got arrested for DUI and you spent 12 hours in the cooler. What was the basis for the arrest? Did you fail a breathalyzer test, or a "walk the center line and touch your finger to your nose" test? The officer must have had SOME probable cause to lock you up. Need more data.
2. You were released on a personal recognizance bond. It isn't a question of "Can I still be charged with the dui? Should I still appear in court? Can they still issue a warrant for my arrest." You ARE charged with DUI. The charge didn't go away when you were released. The personal recognizance bond is like getting out on bail, without having to pay money. It is a PROMISE that you will appear in court. Should you appear? Heck, yes, Skippy. Can they still issue a warrant for your arrest? They can (and will) do so if you fail to show up in court.
3. "Does the DA or judge has any recourse, or will they have to dismiss it." The DA could drop the charges, and the judge could dismiss the charges. But why would they do that? You would have to give them a good reason, and failing to show up is NOT likely to result in a dropped charge or a dismissal. That's just not how it works. No, they do not have to dismiss the charges if you fail to show. What they have to do if you don't show is issue a warrant for your arrest.
4. "I never signed or agreed to guilt of the DUI. I am being harrassed here." No, you didn't admit to anything. That's what the court date is for. You haven't admitted anything and you haven't been convicted, but you ARE still charged with the offense and that won't go away until you show up in court and make your case. At that point, either you are found innocent or you are convicted. The way to think of it is that you are out on bail ... thankfully the amount is low enough that they won't send Dog after you.
5. How are you being harassed? You were arrested and charged, you were released on your own recognizance when they could have made you post actual bail. How is that harassment?
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I've been known to stay at Holiday Inns/Express -- oh, and I am an attorney (I'm not, however, deew69's attorney and offer him no specific advice).
[1] It looks to me like AB has nailed it. Good analysis, AB.
[2] deew69, you have a real life, honest to God, legal problem in the real world. You need to deal with it. You're not going to get that done here in cyberspace. You need a real, live lawyer. If you don't deal with it, it is entirely possible that you will be unhappy with the outcome. IIRC, most jurisdictions don't have a whole lot of sense of humor about DUIs.