Can I beat a show cause summons due to a clerical error?
I was convicted of a second DUI and sentenced to 180 days of jail with 160 suspended, and the 20 days being mandatory. I decided to pull my time on weekends, and when I registered for jail, the captain told me that I'd be pulling 10 days, because it was a misdemeanor it was explained to me that I'd be pulling day for a day.
I fulfilled my 10 days and have now been issued a show cause as to why i didn't pull the remaining 10. After contacting the jail, i've found out that the court did not put MANDATORY on the order for the jail. Do i have a case for dismissal because of this error on the court's part?
Hopefully, you had a good local attorney before you were convicted, and I'm sure he or she can help you through this. It does sound like you were supposed to serve 20, so you owe them 10 more, but there is no reason why they should impose anything additional for a violation.
I don't see a violation here, but I'm curious how they caught up with you anyway.