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  1. #1
    MJhouck is offline Junior Member
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    Can I move to a different State before my court date as long as I show up?

    I currently live in North Carolina and I got my 1st DWI of a .09 back in January in North Carolina. I have been unemployed for over a year and recently just got a job with a company in Florida. Since my court date is scheduled for Sept 23 am I able to move before the court date as long as I show up for the court date? If I get probation or anything will they make me move back to North Carolina?What is the name of your state (only U.S. law)?
  2. #2
    donkort is offline Member
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    Experts, correct me if I'm wrong.

    I am 99.999% positive that unless you're on probation, parole or under some other kind of sentence, you are allowed to move to any location you want to move to. After all, you haven't been convicted of anything yet (i.e., the present case), so you don't lose any civil rights.

    You do have to show up for your court date (which I know you intend to do, per your post), otherwise a warrant will be issued for your arrest. Warrants have the impact of convictions within data provided for background checks.

    As for probation, I would guess that you would have to discuss this with North Carolina probation.

    I'm sorry you're in this mess; I'm glad you got a job. It's a hassle--but drinking and driving is dangerous and kills many people; that's why there are progressively more severe laws against it.
    Last edited by donkort; 08-03-2010 at 08:57 PM.
  3. #3
    MJhouck is offline Junior Member
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    Thanks

    I wrecked on a dirt road during snow and landed into a creek so I think my lawyer is going to use that in my defense.
  4. #4
    justalayman is offline Senior Member
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    Quote Originally Posted by MJhouck View Post
    I wrecked on a dirt road during snow and landed into a creek so I think my lawyer is going to use that in my defense.
    if you tested over the limit, doesn't make a difference if God himself reached down and pushed your car off the road. They are two entirely separate crimes.


    what were you told when you bailed out of jail or were arraigned? Were you told or was it written on any literature that you were not allowed to leave the jurisdiction prior to court? Often times that is a requirement of bail.

    as to probation: if you are given unsupervised probation, it is unsupervised but you would have to have your PO's permission to leave the state still. If it is supervised probation, it might be able to be transferred but that is something that would have to be coordinated between North Carolina and Florida. Florida would have to accept the supervision of your probation, NC would have to agree to allow them.
  5. #5
    MJhouck is offline Junior Member
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    Hey

    I didnt go to jail the magistrate let me go since my dad could drive me home.
  6. #6
    justalayman is offline Senior Member
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    then you were ROR'd. and yet, that doesn't answer the question asked.
  7. #7
    MJhouck is offline Junior Member
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    No the magistrate didnt say I couldnt leave the state the only condition she gave me was show up in court. Whats ROR'd? I am just wondering if the court can make me move back here to NC if I am living in Florida on the date of court?
  8. #8
    justalayman is offline Senior Member
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    ROR- released on own recognizance. Means they didn't charge you a bail to be able to go home rather than setting in jail.


    If you were not informed of any restrictions, they you should be fine going out of state.


    I am just wondering if the court can make me move back here to NC if I am living in Florida on the date of court?
    Yes, they can require you to move back to NC. Probation is giving you a break, If you refuse to do what is required to deserve probation, then they can just toss you in jail. Would you prefer they just tossed you in jail?

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