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September 1, 2017 | admin What Happens When I am an Out of State Resident and I Get a Los Angeles DUI?
Los Angeles is one of the most popular vacation destinations in the United States, and millions of out-of-state residents visit each year to see the City of Angels. You come to the city to take in the lights, see the stars, and enjoy some beautiful weather. It’s easy to get caught up in living the good life while on vacation in LA, and sometimes that means you get behind the wheel of your car after you’ve been drinking a bit too much. Perhaps you didn’t realize you had as much to drink as you did, you assumed you were fine to drive, or you figured you didn’t have far to go.
If you’re pulled over driving under the influence, you’re going to be arrested and charged with a DUI in LA no matter where you live when you’re not on vacation. You face the same penalties as a resident even if you don’t live here. However, the situation becomes very complicated when you don’t live here. If there is anything worse than being charged with a DUI in LA, it’s being charged with a DUI in LA when you don’t even live in California.
What Happens When You Don’t Reside in LA
When someone who lives in LA is arrested and charged with a DUI, the DMV suspends their license and issues a temporary license effective for one month. This allows the person arrested a chance to get their affairs in order and continue their live while they are awaiting their hearing to begin. If you live out of state when you are arrested here for a DUI, you cannot lose your license. The California Department of Motor Vehicles hasn’t the jurisdiction necessary to remove your license from your possession.
Instead, the DMV will not allow you to operate a vehicle in the State of California for the next month. This means your vacation could take a very different turn. For example, if you live in Nevada and made a quick road trip into California for a long weekend, how will you get home? It’s your job to find alternative transportation to get you and your vehicle home following your DUI as you are no longer legally allowed to drive your car in the state.
Furthermore, the California DMV is going to notify the DMV in your home state of your DUI. Depending on the state laws where you live, you might still find your license suspended. There is no way of knowing what might happen at this point without knowing where you live and what the laws are in that particular state.
Fighting a DUI Suspension and Charge
If your license is suspended in LA or anywhere else due to your DUI arrest, you can fight it. It’s not an easy process, and it is time-consuming. You can file a motion to obtain a hearing with the DMV to discuss your case and revoke the suspension, but you must file the letter of request for a hearing within 10 days of your arrest. If the DMV decides to give you a chance, you’ll be notified of the date of your hearing.
You can also fight a DUI charge if you don’t live in the state when it’s issued. You can work on proving you were not drunk at the time of the arrest, but you should always hire an attorney. A Los Angeles DUI attorney is going to help you plead your case and find a way to have your charges dropped completely or have them reduced. The problem here is that you might also face other legal issues in the state where you live.
This becomes problematic when you live out of state if you cannot make it to your hearing. This is why an attorney is necessary for this. You need someone to work on your behalf since you live elsewhere. Your attorney can fight to have you exempt from making a personal appearance if you are arrested and charged with DUI, but you still have to fight your case. If you are charged, you could face serious penalties made more difficult by the location in which you live. Call an attorney and see what you can do to get these charges dropped.