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  #1  
Old 04-21-2008, 09:40 PM
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Join Date: Apr 2008
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CA resident with out of state (NJ) DUI needs help - Second offense


What is the name of your state? CA

I received sentence for my first DUI in CA in March of 06 (for a Oct 05 arrest). In September of 07, I was visiting my family in NJ and got a second DUI . Since that offense, I've been back in CA, clean and sober, active in AA and volunteer work. The NJ court got in touch with CA DMV and knew it was my second DUI - They gave me a large fine, 180 hours of community service and 48 hours of their "driver's alcohol" program - both of which I can apparently do in CA. A DUI is a traffic offense in NJ (not a misdemeanor like CA) so it can't be viewed as a court matter or breaking of my three year CA probation. The problem is I don't want to necessarily inform the CA DMV about this second offense. I'm afraid the CA DMV will suspend my license and give me additional fines, Community Service and hours of DUI Driving School. This would be "double jeopardy" (for lack of a better term) and I'm already dealing with the substantial fines, community service et al from NJ. I'm afraid to contact the CA DMV for answers. Does anybody know how these things usually work and what I should expect ? Many thanks.
  #2  
Old 04-22-2008, 09:40 AM
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Join Date: Feb 2007
Posts: 8,285
The DMV will find out any how, computers are a wonderful thing. The probation applies to the court, you need to read the terms of your probation to find out if it needs reporting.

The DMV can't give you community service.
They can mandate driving school.

This isn't double jeopardy, you were found guilty once, the fact that you've violated the terms of your drivers license isn't a criminal sanction in it's own right.
  #3  
Old 04-22-2008, 10:32 AM
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Join Date: Dec 2005
Location: Ohio
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Not to mention DMV doesn't handle criminal penalties but ADMINISTRATIVE penalties.
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