Los Angeles DUI and Moving Out of State

  • May 27, 2017

    There’s never a great time to get arrested for drunk driving. Seeing the flashing lights in your rear view mirror can bring immediate havoc to your personal life. You might have a job and a family that depends on you. A drunk driving offense usually has consequences that reach far beyond the consequences imposed by the court. This is especially true when you plan to move out of state.

    Not everyone who faces a drunk driving charge in California is a permanent resident of California. You might be a resident that recently made plans to move out of state. Your bags might be completely packed, and you might wonder if you can still make the move now that you’re facing drunk driving charges. Whatever the situation, a drunk driving arrest can happen to you whether you’re planning to stay in California indefinitely or not.

    If you’re planning to move out of state, your DUI attorney can help you schedule court dates conveniently. Your attorney can often arrange to make your court dates more manageable. They might be able to combine your court dates. For example, they might be able to arrange for you to have a pretrial, plea and sentence all on the same date. Instead of having to appear in court three different times, you could have to appear only once.

    Your attorney might also be able to convince the court to waive certain court dates for you. Courts are usually more agreeable to do this in cases where the person charged has an attorney to represent them. Each case is different, so it’s important to work with your DUI attorney on establishing your goals for the case.

    You might be a California resident who needs to leave the state while your case waits in the court system. You might need to travel for work. You might be a college student who attends an out of state school.

    The many court appearances that are often required can be problematic for you. The court can also put a term in your bond conditions that prevents you from leaving the state without permission of the court. Usually, if you tell the court that you have to travel for work, they’re willing to make an exception.

    If you need to leave the state, California Penal Code Section 977(a) PC allows your attorney to appear in court on your behalf. If you have an attorney, they might be able to attend some of your court dates for you. This is extremely helpful if you need to be out of state for whatever reason.

    In cases where you’re on probation for drunk driving, the state might allow you to complete terms of your probation out of state. You can find a comparable alcohol education course in your state and attend it instead of traveling to California. You can arrange for supervised probation in your home state in many cases. Working with your attorney can help you evaluate the options available to you. It’s important to make sure that a substitution counts before you spend the time and money in your case.

    It’s also important to be mindful of what happens to your driver’s license after a DUI conviction. A suspension in California likely means that you can’t lawfully drive in any state. You might have to take steps to reinstate your California license before you can get a license in another state. It’s important to work with an attorney to make sure that you don’t miss any steps when you’re navigating out of state travel and a DUI charge at the same time.

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