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DUI Arraignment; Do You Have to Attend Court? Understanding Penal Code 977(a)




After you are arrested and cited for a DUI in California you will have promised to appear in court. If you hire an attorney you may comply with this promise to appear through counsel. Vehicle Code §40507.

Your attorney at the arraignment will enter a plea to the charges for you, and enter a denial to each and every enhancement or other special allegations listed on the complaint provided in court. You do not need to attend court. Penal Code Section 997(a).

There are exceptions. If you were arrested on a suspected Felony DUI, or if your case has specific factual circumstances that would justify the court ordering you present. Bracher v. Superior Court. 205 Cal.App4th. 1445.

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