transfer DUI proceedings to another state?

[JulieVogelman]

What is the name of your state (only U.S. law)? California

Hi, I have a friend who just got a DUI. She's an alcoholic, and she was far above the legal limit. She is financially broke, and at this point the only way for her to financially survive might be to move back to Kentucky with her parents. If she moves prior to her DUI hearing, is it possible to transfer the DUI case to the state of Kentucky so that she can appear there instead?

 

[LeeHarveyBlotto]

What is the name of your state (only U.S. law)? California

Hi, I have a friend who just got a DUI. She's an alcoholic, and she was far above the legal limit. She is financially broke, and at this point the only way for her to financially survive might be to move back to Kentucky with her parents. If she moves prior to her DUI hearing, is it possible to transfer the DUI case to the state of Kentucky so that she can appear there instead?

Not possible.

 

[JulieVogelman]

Not possible.

Thanks for the response.

In that case, what does one do in this situation? Can she handle her court case by mail? I know I've been able to take care of a traffic ticket by mail before. (Sorry if that's a stupid question.)

 

[Zigner]

Perhaps she needs to hang around and deal with her obligations.

 

[The Occultist]

She's an alcoholic.... She is financially broke....

I wonder if there's a connection?

 

[JulieVogelman]

I wonder if there's a connection?

Yes, I would say there is some connection. Really, the full story is that my boyfriend has been helping her out with money. After she has once again fallen back into her addiction after his many attempts to help her get sober, and has now gotten a DUI while completely inebriated, he has finally decided to stop helping her out financially. So, if he's not going to help her pay her rent, we just wonder if she's going to be able to pay it herself and what not (become homeless maybe?)

 

[JIMinCA]

The state she got her dui in has the right to enforce its own laws and therefore, she will be required to go to court, pay fines and possibly serve jail time in that state. It is NOT an administrative hearing.

 

[I_Got_Banned]

Depending upon whether she will be offered a plea bargain or not (assuming this is her first DUI & based upon how much over the limit she tested for) and due to the fact that she will be placed on probation (usually an "informal probation", which means no probation officer to report to) as well as being ordered to attend alcohol rehab classes on a regular basis and report to the court periodically for what is referred to as "progress reports", it is usually extremely difficult to get her case transfered from one county (where she committed the violation) to another within California; not impossible, extremely difficult. Transfering her case out of state, ..., that, might be impossible.

A DUI is a serious offense, and therefore she should consult with an attorney; if she cannot afford one then she will be offered the services of a public defender. Her attorney may be more qualified to answer this question since there are so any details that they may know versus what you can tell us here.

By the way, once she is placed on probation and although it may be referred to as an "informal probation", she is not allowed to travel out of state, at least not before notifying and receiving permission from the court.

There are more than a few DUI attorneys who will give a free initial consultation. Just open up the yellow pages and you'll see...

 

[JulieVogelman]

Thank you guys very much for the responses.

I'll let my boyfriend know that a lot of DUI attorneys will give free consultations - good idea.

This is her first DUI offense, although she has received a "public drunkenness" offense before. I am not sure what her alcohol level was at the time of the DUI, but I am guessing that it was pretty high.

 

[JulieVogelman]

Depending upon whether she will be offered a plea bargain or not (assuming this is her first DUI & based upon how much over the limit she tested for) and due to the fact that she will be placed on probation (usually an "informal probation", which means no probation officer to report to) as well as being ordered to attend alcohol rehab classes on a regular basis and report to the court periodically for what is referred to as "progress reports", it is usually extremely difficult to get her case transfered from one county (where she committed the violation) to another within California; not impossible, extremely difficult. Transfering her case out of state, ..., that, might be impossible.

A DUI is a serious offense, and therefore she should consult with an attorney; if she cannot afford one then she will be offered the services of a public defender. Her attorney may be more qualified to answer this question since there are so any details that they may know versus what you can tell us here.

By the way, once she is placed on probation and although it may be referred to as an "informal probation", she is not allowed to travel out of state, at least not before notifying and receiving permission from the court.

There are more than a few DUI attorneys who will give a free initial consultation. Just open up the yellow pages and you'll see...

I think she'll most likely use the public defender. Do you know at what stage she would be assigned that? At her DUI hearing?