The Orange County Housewife has cleared up her latest legal snafu, a source tells PEOPLE
Gina Kirschenheiter made headlines on Thursday when an Orange County Superior Court judge issued an arrest warrant in her name for failing to appear in court for a hearing related to her DUI arrest.
The Real Housewives of Orange County star, 34, was listed in the system as a “fugitive,” but a representative for the star confirmed to PEOPLE on Friday that the warrant has since been recalled.
So what happened? According to a source familiar with the situation, Kirschenheiter’s lawyer had filed a motion to move the reality star’s court date to May, but made an error when filing — unbeknownst to Kirschenheiter. “On the advice of her attorney, Gina was told not to appear in court,” the insider said.
Kirschenheiter’s has since retained new counsel, who rectified the bureaucratic misfiling the situation. She’s now being represented by Michael Fell, a former Orange County Senior Deputy District Attorney and well-known criminal defense and victims’ rights attorney.
“Mr. Fell appeared in the Orange County Superior Court, Harbor Justice Center this morning and was able to have the warrant recalled and all traffic cases against Ms. Kirschenheiter dismissed,” Kirschenheiter’s rep said in a statement to PEOPLE. “Her new arraignment has been scheduled for April 16.”
Added Fell in a statement: “Not only does my client intend to take full responsibility for her actions, but is committed to using this opportunity to educate the public about the dangers of drinking and driving and the laws associated with it.”
Kirschenheiter, a Long Island native who made her debut on RHOC‘s 13th season, was arrested in Rancho Santa Margarita, California, for driving under the influence in the early hours of Feb. 1, a representative for the Orange County Sheriff’s Department told PEOPLE. She was stopped for a traffic violation and arrested for driving under the influence. The mother of three was released from jail at noon later that day.
“I made a very bad choice the other night after a mom’s night out,” Kirschenheiter said in a statement obtained by PEOPLE. “I am extremely disappointed in myself and regret my actions wholeheartedly. I have learned a valuable lesson and hope to show you all that this one incident does not define me.”
In a lengthy note on Instagram, Kirschenheiter then apologized to her fans and vowed that this would never happen again.
“Bad choices have bad consequences… I am disappointed in myself… Especially since everyone who knows me knows I’m the queen of Uber/Lyft,” Kirschenheiter wrote, in part. “This didn’t happen to me. I wasn’t ‘unlucky’ I made a conscious decision to do something especially stupid. One time is one time too many. I am awake now. I can promise this will NEVER BE ME again.”
Days later, Kirschenheiter was pulled over again for using her phone while driving. She will have to pay a $160 fine.
Last April, Kirschenheiter filed for divorce from her husband, Matthew Kirschenheiter, just as filming on RHOC began.
The couple met before they graduated college and had been together for 11 years and married for eight. They share three kids — sons Nicholas, 6, and Luca, 3, and daughter Sienna, 4
“It wasn’t easy,” she told PEOPLE. “Matt and I were just coming out of the baby, baby, baby-phase and were recognizing that our relationship had run its course. At the same time, he had taken a new job in Los Angeles and was living there during the week. And I had made this commitment to come on this show. … All of a sudden, it all collided.”
Ultimately, the pair simply grew apart, the reality star said. Looking back, she realized they wed when she was far too young.
“It’s a huge, huge decision — one of the biggest ever — and I was 23 years old?” she said. “I wasn’t ready to make a decision about who I was going to spend the rest of my life with at 23. No wonder! We made it work because we made it work. But I’m a completely different person than I was then.”
“On Long Island, marriage is a community thing,” she added. “Your parents, your in-laws, your siblings, your friends, your family — they’re all a part of your relationship. You don’t think about breaking that up. So when we moved to California, it was like, now you only have each other. And you really have to validate that relationship and say, ‘Are we really functioning and working well? Are you really my soulmate who I want to spend the rest of my life with in that way?’ “