Out-of-state defendants face a host of issues which this office regularly deals with through telephone, fax and e-mail. Your personal appearance is rarely required as long as telephone contact can be maintained through the court appearances (there are typically between 2 to 4 court appearances before the matter can be resolved).
Although probation can be served in any state, and a fine can be paid from anywhere, the manditory education component is more problematic. Often the courts in California can be convinced to accept an equivalent course in another state, subject to court approval for content. Even though an out of state equivelancy program may satisfy the court, the DMV requires completion of a California program to issue a California license.
Another concern is the jail component of a DUI sentence. Some courts will agree to waive this element for non-residents, while others insist on personal attendance within the state to fulfill their requirements. Many judges will be satisfied with a number of hours of community service for a non-profit agency of the defendant's choice.
Regarding an out of state driver's license, under the Driver's License Compact, member States must communicate the fact of a conviction for DUI to the " Home State " which then applies its own laws. In addition to the Compact, non-residents need to be concerned with the impact of any action taken by the DMV in California against their right to drive in California . Many out-of-state residents believe their license will remain valid in their home State even if they lose their right to drive in California . However, any State that suspends your license is required to input the suspension into the Registry's computer databank. Each State is required to check the Compact's registry databank whenever a person seeks to have his license renewed or applies for a new license, and are required to deny the license if there is an out-of-state suspension.
The content of this website is for informational purposes only and is not to be relied upon as legal advice. Viewing this website does not create an attorney-client relationship with P. David Wool. Legal representation will only be established upon receipt of a legal services agreement and full compliance with its terms. The information contained on this website is based on current California state law only and can change over time. Laws vary from state to state. Do not rely upon the content of this website as legal advice. Contact a lawyer at once if you have a legal matter.