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Drunk Driving and Hardship License in Mississippi

Administrative License Process in Mississippi

 

If you are stopped for drunk driving in Mississippi the police officer will ask you to submit to a blood content test (BAC). Under Mississippi Implied Consent Laws you have implicitly agreed to submit to a blood alcohol content test (BAC) when asked to do so.

If you submit to the blood alcohol content test (BAC) and if your blood alcohol content is more than 0.08% or higher, your driver’s license will be confiscated and the law enforcement officer will give you a temporary driving permit.

Drivers have the legal right to request an Administrative License Hearing within 10 days from the date of the license suspension to investigate whether the administrative license suspension was valid. State administrative hearings may vary, but basically, in all states, the administrative license hearing allows the court to review the following facts:

  • Whether the Mississippi officer had reasonable grounds to believe the
    arrested person had been driving, attempting to drive, or was in
    actual physical control of a vehicle while under the influence of intoxicating
    liquor, narcotics, or drugs.
  • Whether the person was arrested
  • Whether the person refused to submit to the blood alcohol content test (BAC) upon the request of the law enforcement officer
  • Whether the officer informed the arrested person of his or
    her right to have a similar blood alcohol content test (BAC) or tests conducted by a person of his or her own choosing
  • Whether the officer informed the arrested person of the
    fact that refusal to permit the blood alcohol content test (BAC)would result in suspension of his or her license or driving privilege

If this was your first drunk driving arrest and you did not refuse the blood alcohol test (BAC) you can generally get your hardship license after a 30 days suspension if you can prove that not driving will interfere with your employment, your education or your medical care. To prove hardship and get your hardship license you may need evidence or an affidavit from either your employer, medical physician or your school. If the court agrees to give you a hardship license you will have to pay a $150 fee.

Keep in mind, the administrative suspension hearing and subsequent license suspension is separate from the drunk driving suspensions and drunk driving penalties which may be assessed if you are ultimately convicted of drunk driving in Mississippi.

Convicted of drunk driving in Mississippi

 

What if you are convicted of drunk driving in Mississippi? If this is your first Mississippi drunk driving offense, your license will be suspended for 90 days to one year. For a second drunk driving conviction your license will be suspended for 2 years and for a third drunk driving conviction you may have your license suspended for 5 years.

How do you reinstate your license after you have completed your drunk driving suspension? You will have to do several things:

  • Pay all of the fines for your Mississippi DUI.
  • Pay the license reinstatement fee. Contact the Mississippi Department of Public Safety for the amount of your fines.
  • Contact the DPS and make sure your record has been cleared.

Hiring a DUI lawyer in Mississippi

 

Regardless if you are simply requesting an administrative license hearing , you are fighting your third Mississippi DUI or if you need help getting your Mississippi hardship license,  it is time to contact a DUI lawyer. Mississippi DUI penalties and fines for DUI are very severe. Do not try to fight this alone.

 

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Drunk driving and hardship license in Connecticut

One of the greatest fears for most drivers after a Connecticut drunk driving arrest is getting their driver’s license back as soon as possible so they can return to work.

For example, if you were arrested for drunk driving in Connecticut and refused to submit to a blood alcohol content test you will face a 6 month administrative license suspension. If your blood alcohol content is between 0.08% up to 0.16% you will have your license suspended for 90 days. If your blood alcohol content is higher than 0.16% or higher your license will be suspended for 120 days. These administrative DUI penalties are in additional to DUI penalties you could face if you are eventually convicted of DUI.

So what can you do if you lose your license because you either failed the blood alcohol content test or refused to take the blood alcohol content test? Connecticut offers what they call a special work permit, also known as a hardship license in many states, which allows drivers who have had their license suspended for DUI to drive for very specific reasons.

Who qualifies for a Connecticut Hardship License?

 

  • Connecticut drivers who have only been arrested for one drunk driving offense.
  • Connecticut drivers who can prove that the inability to drive would endanger or dramatically affect the ability of the driver to support their family.
  • Connecticut drivers who have not caused any severe injuries or accidents from their drunk driving.
  • Connecticut drivers who do not have a history of reckless driving and driving infractions.

What do I do to get a Connecticut hardship license?

 

According to the Connecticut Department of Motor Vehicles, the DMV will issue hardship licenses according to Connecticut State Law Title 14 Sec. 14-37a (Amended 2010) and statutes defined in the Regulations of Connecticut State Agencies in Sec.14-37a.

Drivers must submit an application for the Special Permit to Operate a Motor Vehicle To and From Work (form A-62) to the DMV and a $100 non-refundable payment with the form.

According to Connecticut state law, the Connecticut hardship license is used to travel to work or to school. The driver should carry the Connecticut hardship license at all times and violation or misuse of the permit can result in additional license suspension penalties or traffic citations.

 Connecticut hardship license applications should be addressed to:

 

Connecticut Department of Motor Vehicles
Driver Services Division
60 State Street
Wethersfield, CT 06161-2525

Hiring a DUI lawyer in Connecticut

 

DUI laws regarding obtaining a hardship license vary by state. Although the administrative license suspension may be fairly straightforward if you have been convicted of drunk driving whether or not you are granted a Connecticut hardship license may be more at the discretion of the DUI court.

Contact a Connecticut DUI lawyer to find out what is available in your state. DUI penalties are severe and Connecticut has very specific requirements which must be completed to get a Connecticut hardship license during a DUI suspension. For example, DUI offenders who have attended rehabilitation programs or who can show that a license is critical for continued employment, medical appointments, attending school or for dependent care may have a greater chance of getting a Connecticut hardship license.

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Ignition Interlock Device for Drunk Driving Convictions in Oregon

New Years, 2012, will bring a significant amount of changes in DUI laws for drunk driving or driving under the influence throughout the United States. In Oregon, beginning this Sunday, if you are one of the estimated 11,000 drivers arrested and convicted for driving under the influence of alcohol (DUI) or drunk driving this year, you will be forced to install an ignition interlock device in your car.

Installing an ignition interlock device has been a common DUI penalty for driving under the influence, especially for drivers with multiple DUI convictions, but Oregon now requires even first-time Oregon DUI offenders arrested for drunk driving to install and use this device.

What does the ignition interlock device do?

Ignition interlock devices are traditionally installed on the dashboard of the driver’s car, and the driver must blow into the device, which analyzes the BAC or blood alcohol concentration of the driver. If the driver’s BAC is too high the car will not start.

The ignition interlock device also will require the driver to provide additional breathing samples periodically as they drive. If the driver cannot provide a clean sample, the car will provide a warning (honking horn, lights flashing) and log the event. The “alarm” or warnings continue until the driver shuts the engine off.

Attempts to Bypass the Ignition Interlock Device

Creative drivers who are driving under the influence often attempt to mechanically bypass the system, but given the complexity of most systems, these attempts are generally unsuccessful. The ignition interlock device is made to assess all attempts to “trick” or bypass the system requirements and report these attempts immediately back to the DMV. Unfortunately, the courts do not look favorably on these efforts and most likely will simply extend the required installation period.

It is also illegal to for Oregon drivers who are driving under the influence to solicit another person to blow into their ignition interlock device. According to Oregon law, violation of the law occurs if, “a person unlawfully solicits another to blow into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device if the person has such a device as a result of an order or requirement under ORS 813.602 and the person requests or solicits another to blow into the device or start the motor vehicle so as to circumvent the device.”

Drivers who commit this offense will be charged with a Class A traffic violation [1987 c.746 §6; 1989 c.576 §3].

(Information gathered from Chapter 813 of the 2007 Edition of the Oregon Vehicle Code.)

How much does an ignition interlock device cost?

If you are arrested for drunk driving in Oregon and you must purchase an ignition interlock device you can expect to pay between $65-100 per month to rent the device plus additional fees to install it, send information to the Department of Motor Vehicles in your state and to pay for regular maintenance.

Hiring a DUI lawyer in Oregon

States continue to pass severe DUI penalties for drunk driving. Drunk driving in Oregon is a serious crime, and if you are arrested for DUI in Oregon, do not try to fight your DUI conviction alone. Even first-time DUI offenders in Oregon can face high fines, fees, increased insurance cost, potential jail time, loss of license and starting in 2012, mandatory installation of an ignition interlock device.

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Revocation of your license and driving again after 20 years

We had a question posted recently asking the following:  I have four DUIs that are 20 years old in California.  How do I get my license back?

If you have multiple DUI convictions in California that resulted in license suspension or revocation, how quickly you can get your license back will vary depending on your individual circumstances.  Note that license suspension technically means you have a license but are not permitted to use it, whereas license revocation means that your license has been taken away altogether.  For purposes of this explanation, we will use license suspension to include revocation as well, because the point is that you cannot legally drive at present and you now want to.

In general, license suspension is not permanent but rather is for a set number of months or years.  Therefore, it is likely that after 20 years you can get your license back.

Your license can be suspended by either the Department of Motor Vehicles (DMV) or as part of the punishment for being found guilty of DUI in a court of law.  With the DMV, suspension of your license is based on a point system.  Points are acquired for traffic violations, with a DUI violation generally resulting in two points.  If you get too many points within a set period of time—four points within a 1-year period, six points within a 2-year period, or eight points within a 3-year period—the DMV will suspend your license.  However, as time passes without further violations, the points will fall off your driving record.  After 20 years, all of your points would have lapsed.  So from the DMV’s perspective, you should be able to get your license back.

In the case of a court of law, the length of your license suspension is based on your specific circumstances.  One of the primary things that determines the severity of a DUI sentence is how many previous DUIs you have and how quickly together they occurred.

When you have a DUI in California, there is a 10-year lookback period for previous DUIs.  This means the court consider other DUIs in the previous 10 years when determining how severe of a punishment to give you for your current DUI.  Therefore, depending on if your four DUIs fell within a 10-year period or not would affect how long a suspension of your license you received.  Regardless, it is unlikely that the suspension was for 20 years.  If you do not remember how long your license was suspended for, you can always contact the court to find out the sentence given after your fourth DUI.

Assuming the time period has passed for how long your license was suspended, you can get your license back.  Depending on if  you technically had your licenses suspended or you had court-ordered revocation of your license, what you need to do to get your license back before you can start driving may vary.  You will likely have to pass a driving test, pay various fees, and complete any other aspects of the sentence you were given as a result of your DUI convictions.  Additional information about getting your license back whether suspended or under court ordered revocation can be found in the blog Reinstating license after California DUI arrest.

The above article was written by Mark J.



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Filed under: DUI Penalties and Fines by State,DUI/DWI — Tags: , , — Beth @ 7:00 am




Arrest and what constitutes a speedy trial

If you have committed a crime but have not been arrested or charged with the crime, you may be wondering what is taking so long.  You may have heard that you have the right to a speedy trial.  If that is the case, why are the police taking so long to arrest you?  And why have they not brought the case to trial?  After all, the right to a speedy trial means that the police have to arrest you within a certain amount of time, right?

The fact of the matter is that you may have a long wait before your “speedy trial” takes place.  The right to a speedy trial refers to the time after you have been arrested but before the trial takes place.  And you are correct that to have a speedy trial the trial must start within a certain amount of time.  But before we get into a discussion of the trial and what a speedy trial is, let us first consider the time until you will be arrested for having committed a crime.

In the case of having committed a crime, how quickly you are (or are not) arrested depends in large part on the statute of limitations for the crime.  For almost every type of crime, the police have a set amount of time when they can arrest you for the crime.  This amount of time is not a one-size-fit-all length but rather varies depending on the state where the crime occurred and the type of crime being considered.

The statute of limitations is in place to protect the rights of individuals.  First, evidence becomes less reliable over time; therefore, the statute of limitations is in place to incent the prosecution to bring cases to trial sooner rather than later.  Second, people in general have a certain right to be able to get on with their lives; they should not have to wait indefinitely to see if the police are going to come knocking on their door and arrest them.

For this second point above, I write “in general” because in certain cases there is no statute of limitations.  For the most serious felonies such as murder and certain crimes of a sexual nature, there may be no statute of limitations.  In other cases, the statute of limitations can vary depending on how serious the crime is.  For example, in the case of a DUI, the statute of limitations may be shorter if it is your first DUI than if it is your fourth DUI.  This is because with the increase in the number of DUIs on your record, the more likely your latest DUI will be considered a felony rather than a misdemeanor.  In general, the more serious the crime, the longer the statute of limitation is for prosecuting that crime.

Once you have been arrested for a crime, although you are guaranteed the right to a speedy trial, there is not a set timeframe for what constitutes a speedy trial as is the case with the statute of limitations for a crime.  Rather, what is considered a speedy trial will depend on the circumstances of the individual case.

  • If a case is complicated, the court will generally give the prosecution more time to gather witnesses and other evidence than if the case is simple.
  • If the defendant benefits from and agrees to a delay in the trial (because it benefits his defense in some manner), the court will allow a longer delay than if the defendant objects to a delay.
  • If the court does not believe a delay in the trial will impact the ability for the defendant to receive a fair trial, the court may allow a longer delay than if a delay is more likely to result in a guilty verdict against the defendant.

In summary, the police in general have a limited amount of time (known as the statute of limitations) during which they can arrest someone for a crime, and the statute of limitations can be for years or indefinitely for some crimes.  And while you have the right to a speedy trial, the court has a lot of flexibility in determining what is and is not a speedy trial.  In the end, if you want to know the statute of limitations or what constitutes a speedy trial for your case, you should speak with a criminal defense attorney who is familiar with the laws of your state.

The article above was written by Mark J.



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Filed under: Defending DUI,DUI/DWI — Tags: , , — Beth @ 7:00 am




Appealing your DUI conviction

If you have been found guilty of a DUI and you are not willing to accept the sentence given to you by the court or have the conviction on your permanent record, you may be considering appealing the guilty verdict.  An appeal is when you have a higher court review your case to determine if there is some form of legal  issue that would invalidate the guilty verdict rendered by the lower court.

First, if you are appealing your conviction, you should do so as soon as you can.  There may be a limited time frame during which you can file an appeal, so you need to be sure not to miss that window.  In addition, the appeals process generally does not happen quickly, so it is wise to get the process started as soon as you can so the appeal can be completed and you can begin to live your life based on the outcome of the appeal.

During the appeal, the higher court will not review new evidence.  Rather, they will review the transcript of your case, which is a word-for-word account of what was said during the trial, and all evidence submitted in your case.  In addition, you will submit with the appeal a description outlining why you believe the original verdict was not accurate.  (Likewise, the prosecution will submit a description as to why they believe the original verdict was correct.)

Reasons why the higher court may overturn the original conviction include the following:

  • Inadmissible evidence.  Evidence was included in the original trial that should not have been.  For example, if a blood sample was taken from me without my consent and without the police first obtaining a warrant, and the results of that blood sample were entered into evidence in the original trial, then the verdict stemming from that trial is not valid.
  • Insufficient evidence.  The evidence in a criminal trial must be sufficient to convince a person beyond a reasonable doubt of the defendant’s guilt.  If the higher court believes there was not sufficient evidence to reach this standard of guilty, the guilty verdict will be thrown out.
  • Deficient legal defense.  As a part of your trial, you have the right to a thorough representation by an attorney.  If your attorney did not sufficiently protect your rights and it results in you being found guilty, the appellate court may throw out the conviction.
  • Errors by the court.  During a trial, the judge gives various instructions to the jury regarding their responsibilities and what they can and cannot do.  If the judge gives the jury improper instructions, it could result in the jury returning a guilty verdict that is not appropriate.

Any of the above items are reasons that the appellate court may determine you did not receive a fair trial and could result in you winning your appeal.  If the appellate court determines that the evidence was not sufficient to find you guilty, you will be acquitted, which means there will not be another trial.  If the appellate court determines that there was some form of legal error, they will order a new trial.  In the case of a new trial, if certain evidence is no longer available to the prosecution, the prosecution may decide not to go forward with the new trial, because they believe they cannot win.

Whatever the circumstances, if you are considering appealing a criminal conviction, you should speak with an attorney.  The process for appealing a verdict in a successful manner is not a simple one, so you will need the expertise of a criminal defense attorney in order to review your case and step through the process properly.

The article above was written by Mark J.



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Filed under: Defending DUI,DUI/DWI — Tags: , , — Beth @ 7:00 am




Arrested for DUI but not driving

It is not unusual for questions to appear on DUI forums about drivers who are arrested for DUI or driving under the influence but who were not actually driving the automobile. Although driving under the influence or DUI is a common acronym, most people do not realize that you may not have to be actually “driving” the automobile to be arrested for a DUI (driving under the influence).

So if driving under the influence or DUI does not really mean driving what does it really mean? In some states, drivers can be arrested for DUI (driving under the influence) if they are in “actual physical control” of the automobile. This means the driver may not be driving the automobile at the present moment but if they are in the automobile or on the automobile and they have the capability to drive the automobile (keys in their pocket or in the ignition) they may be charged with DUI.

So can you really be arrested for DUI if you are sitting in the driver’s seat, sitting on top of the car or simply listening to the radio? Unfortunately, yes, it is not unusual for a driver to be sitting in their car and an officer to approach the vehicle, notice they are impaired and decide to ask them to complete either a blood alcohol concentration (BAC) test or to take a field sobriety test.

Unbelievably, in some states you also may be arrested for DUI if you are sitting in the car, asleep. Some drivers may sit in their car and have the keys in the ignition without the intention of ever driving; in fact, they may have good intentions and may be attempting to wait until they know they can safely operate their car, but they have instead been arrested for DUI and convicted.

Defending against a DUI

Obviously, the best course of action is to never drive if you are intoxicated. If you have been arrested for DUI but you had no intention of driving (you were asleep), you may be able to get video surveillance which might prove that you were in the car for several hours. Other drivers have had success avoiding a DUI arrest if they did not have possession of the car keys. It will be increasingly difficult for the prosecutor to prove that you had the ability or intent to drive if you did not have possession of the car keys.

So what is the bottom line? You can be arrested for DUI even if you were not actually driving the motorized vehicle and the police did not witness any of the “normal” driving actions which can establish probable cause for a DUI arrest: weaving, running a red light, illegal turn, speeding, driving the wrong way, or driving erratically.

If you have been charged DUI, it is time to talk to a DUI lawyer. If you are interest in contacting a lawyer, fill out the FREE case evaluation form and a DUI advocate will contact you to discuss the facts of your case. Visit our website at http://www.duiattorneyhome.com or call our 24/7 DUI Help Line at 1- 866-228-3201.

 

 

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Filed under: Defending DUI,DUI Penalties and Fines by State,DUI/DWI — Tags: , , — Beth @ 1:14 pm




Reinstating license after California DUI arrest

California drivers arrested for driving motor vehicles in California while intoxicated will have their California driver’s license confiscated by the police officer, who will then send a copy of the suspension notice to the California Department of Motor Vehicles (CA DMV) and a copy of their California DUI arrest report. The California DUI arrest report will also include the driver’s BAC test results. The driver has the legal right to operate motor vehicles for 30 days from the date of the administrative license suspension, assuming they had a valid California license and it was not expired.

California drivers may challenge their administrative license suspension by requesting an administrative hearing within 10 days of the California DUI arrest. If the DMV sets aside the administrative license suspension they will notify the California driver in writing.

Administrative License Suspension in California

 

The DUI process can be confusing, and many DUI defendants do not realize that the administrative license suspension by the DMV is separate from the court imposed DUI penalties if the California driver is convicted of a California DUI.

Assuming the driver does not face any additional DUI penalties after a California DUI conviction (which affects their right to drive), the driver may have their license reissued to them after they pay the reissue fee of $125 to the CA DMV and file proof of financial responsibility. If the Administrative review finds that the police officer did not have the right to suspend the driver’s license the license will be automatically returned to the driver.

Purchasing California SR22 Insurance

 

The CA DMV requires drivers who have either been involved in an accident without insurance, arrested for DUI or wet reckless or considered a negligent operator (had too many points on a California driving record) to purchase SR22 Insurance. SR22 is a special form of car insurance which provides additional liability coverage to “high risk” drivers.

California SR22 Insurance must be purchased and a copy of proof of insurance filed with the DMV prior to reinstating a driver’s license after an administrative license suspension.

License Reinstatement after the DUI criminal conviction and license revocation

 

As mentioned above, the administrative license suspension differs from the suspension which may follow a criminal DUI conviction. Drivers convicted of DUI, depending on whether it is the first, second or third DUI may have their California license suspended. After the revocation or suspension period ends the driver may apply for a reinstatement with the CA DMV. Steps to reinstate a California driver’s license after a DUI criminal conviction include:

1.    Taking the motor vehicles test again including the road test, vision test and written test

2.    Completing the drinking driver program for the first California DUI offense and a 18 or 30 month program for second or later DUI offenses or a comparable program.

3.    Pay the license reinstatement fee of $125 to the CA DMV.

4.    Purchase SR-22 insurance and forward proof to the CA DMV.

5.    Possible installation of an ignition interlock device on the driver’s motor vehicles

Driving Suspension for Chemical Test Refusal in California

 

California has increased the administrative DUI penalties for refusing to perform a chemical test after a DUI stop. For instance, drivers who are over the age of 21 who refuse to take a chemical test will face an automatic one year license suspension if it was their first DUI offense. A second DUI offense with a refusal (within 10 years) can result in a 2 year automatic license revocation and a third DUI offense (within 10 years) will result in a three year license revocation. These are administrative penalties only and are separate from driving suspensions which may occur after a DUI conviction in criminal court.



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Receiving a subpoena related to witnessing a DUI

A subpoena, or what is sometimes called an administrative subpoena, is a document from a governmental agency or more likely from a court that orders an individual to testify before the court or produce documents that the court would like to review as evidence.  Courts at both the state and federal level can issue an administrative subpoena.  Administrative subpoenas can be issued in either civil or criminal cases.

Courts issue administrative subpoenas because they believe that an individual has evidence that is relevant in a particular case that the court is hearing.  This evidence can include testimony about something the person has witnessed; records that provide important data, facts, or descriptions; or expert testimony about an area in which the person has unique training or experience.

In the context of a case related to a DUI, the testimony or evidence you can provide to the court may include one of the following: describing erratic driving behavior you witnessed leading up to an accident; observing the person accused of DUI consuming a certain number of drinks at a bar before getting behind the wheel; or noting slurred speech or an inability to walk without stumbling in a person before that person chooses to drive.

If you receive an administrative subpoena, remember that it does not necessarily mean you have done anything wrong or that you are being pursued or questioned related to civil or criminal charges against you.  Rather, the administrative subpoena often relates to the court wanting to hear something you know or see something you have.  The subpoena will state specifically what the court wants and where and how you are to give it to the court.  This could include you appearing at the court to give direct testimony, answering written questions for the court, or delivering the relevant records to the court by a certain date.

You have three options when you receive an administrative subpoena.

Do nothing.  If you receive an administrative subpoena, you can choose not to respond.  However, keep in mind that if you do not respond to a subpoena, the court can find you in contempt of court.  As a result, you may be subject to a fine or even face jail time.  Therefore, it is generally not a good idea to simply ignore a subpoena.

Refuse to comply with the subpoena.  You can choose not to comply with the subpoena.  If you choose not to comply with the subpoena, it should be for a valid reason, not simply because you do not feel like complying.  Valid reasons for not complying with a subpoena can include because the evidence the court is asking you to provide would incriminate you in some fashion, thus violating your rights under the Fifth Amendment; the information is confidential, such as a trade secret that gives you a competitive advantage in your business, and revealing the information would hurt your business in a detrimental manner; or because you do not have the information the court believes you have.

Comply with the subpoena.  You can simply respond to the administrative subpoena in the manner and time dictated by the subpoena.

In general, if you receive an administrative subpoena related to something you witnessed in a DUI case, you will likely need to go before the court to testify as to what you saw; it is unusual for there to be a valid reason not to testify in such cases.  However, if you believe testifying about a DUI may incriminate you in some manner, such as because you were responsible for serving alcohol to an underage person, you should consult an attorney.

The article above was written by Mark J.



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Filed under: Defending DUI,DUI/DWI — Tags: , , — Beth @ 7:00 am




Probation and how it limits moving to a new home

If you are on probation related to a DUI, you should know that it carries certain limitations with it.  One of these limitations is that if you are considering relocation to a new state or place within your current state, you will have to request permission from the court or your probation officer.

The reason that someone on probation is required to formally request permission to move ties back to the original intent of probation.  Probation is often given to someone in lieu of having that person serve  time in jail, so part of the purpose is punishment.  In the case of a DUI, the punishment can include limited driving privileges, attending Alcoholics Anonymous (AA) meetings, undergoing periodic sobriety tests, and periodic reporting to a probation officer.  In addition, sentencing someone to probation rather than jail time allows the individual the opportunity to rehabilitate his life.

In order to help enforce both the punishment and rehabilitation aspects of probation, your probation officer or the court need to know where you live.  By knowing where you live, the probation officer or court can be sure you are adhering to the requirements of your probation and that you are living in a location and overall situation that is conducive to you avoiding a repeat infraction.

If you are on probation and want to move, you should contact your probation officer or the court.  The process for moving can vary from state to state, within a given state, and depending on other factors specific to your individual situation.  Therefore, it is best to have your probation officer or the court explain the process in light of your individual circumstances.

Whether the court will approve a relocation request will vary widely from case to case, depending on your original crime, if you have violated your probation previously, and the states involved.  You generally need to have a good reason for the move, such as to accept a job opportunity or to be closer to family members.  But even with a good reason, there is no guarantee that your new location will accept your transfer.

If your transfer request is approved, the court will transfer your probation to the new location where you want to live.  The court will still expect you to adhere to the other conditions of your probation, including working with a new probation office in your new location.

If you move without obtaining approval from the court or after the court has denied your request to move, the court can find you in violation of your probation because of your relocation.  The court has a wide array of actions it can take as a result of such a violation.  These actions can include extending the time of your probation, increasing your supervision, or even placing you in jail.

If you believe your relocation or other actions you performed may be in violation of your probation, you would be wise to speak with an attorney, as it is possible that there is now a warrant out for your arrest.

The article above was written by Mark J.

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Filed under: DUI/DWI — Tags: , , , — Beth @ 7:00 am




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