Especially if it is on the other side of the country?? Also,how do you do community service if you don't live there? How do I get home if they suspend my license?
2007-01-12 16:41:26 · 4 answers · asked by beeper 2 in Politics & Government ➔ Law Enforcement & Police
I'm a probation officer, and you're probably going to get probation as part of your sentence. Your case isn't really rare. There are a lot of people who get arrested in a state other than the one in which they live, or need to move once they are on probation.
You will have to go to Court in the jurisdiction where you were arrested. You'll have to go to that county or city for all court hearings. Once seentenced, you'll be assigned to a probation officer, and you will be able to work with that officer to attempt to transfer your probation to your home state through the "Interstate Compact".
Some transfers under the Interstate Compact are almost always approved. Those are the cases where the probationer lives or works in a different state. You'll still have to fill out the paperwork, and pay a fee, but it will probably be approved.
You will still be expected to follow all the terms of your probation in your home state. If community service is ordered, you will do that through the CS program set up by the probation department where you transfer.
If you get arrested for another offense while you are on probation, the original state can require you to appear in their Court since you will have violated the terms of your probation. (They'll file a "petition to revoke" or a PTR to take you back to Court for violating the "you shall obey all laws of this state and any other jurisdiction" term of your probation.)
If they suspend your license in Court, you need to find a way to get home without driving. I'd suggest bringing a friend of family member with a valid license.
2007-01-13 05:43:02 · answer #1 · answered by Mama Pastafarian 7 · 2⤊ 0⤋
1
2016-06-12 01:40:17 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Dui In Another State
2016-11-14 20:46:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
OK first off yes you have to appear in the jurisdiction that arrested you no matter where its at.
as far as community service most states (courts) will allow you to do it somewhere else and all you have to do is provide a letter stating that you did it signed by someone, IE pastor, public works person, school official, etc.
as far as getting home most states will not suspend your license until your court date or unless you refuse a DUI test.
my advise talk with a lawyer in the state that you were arrested in to get that states laws regarding DUI arrest and the possible punishment that you can receive from it.
2007-01-12 20:07:15 · answer #4 · answered by richard s 2 · 1⤊ 0⤋
Yep, you have to appear where you broke the law. The concept is simple: you are being accused of violating a law by the people of a certain jurisdiction (represented by their police and prosecuting attornies) and therefore you must be in their presence to answer the accusations and face the consequences if convicted.
And, as someone else suggested, you probably should have considered the consequences before committing the act. Of course, this assumes you are guilty, which you actually aren't until convicted due to the little thing we call "Presumption of Innocence". Nonetheless, if you did it, you probably better figure out a way home that doesn't involve you driving.
If I were you, I'd get a local attorney who will probably hire an attorney in the area you were busted to represent you without you being there. It'll cost $$$ but may be cheaper in the long run. Check into it and don't put it off - these things take time to put together.
2007-01-12 16:51:19 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Yes.
You can choose to ignore it, but then a warrant will be issued for your arrest. You will either be stopped for a minor infraction and arrested or nabbed when you go to renew your license. Then you will have the fun of explaining why you "ran", be found guilty and become the guest of the county jail or state penn where you were caught DUI.
I am not a lawyer, but my advice is sound. Consult with an attorney. Check if you can complete community service at home through your local Sheriff's Dept.
Don't run. That will follow you for the rest of your life.
2007-01-12 17:01:18 · answer #6 · answered by Mike R 2 · 0⤊ 0⤋
The court that has jurisdiction is the only court you can work with, no matter where it is. As far as how you might do community service, that would be a great question for the court or your attorney. I am willing to bet that the court might allow you to perform services in your own community however that would not "pay back" the community where you committed the crime. To get home, I guess you get someone to fly out to you from your home area and have them drive you home.
2007-01-12 19:23:34 · answer #7 · answered by TCSO 5 · 0⤊ 0⤋
Yes, you have to appear at court in that state. If you go to court, and explain that you are from out of state, they may wave community service and hit you with a hefty fine. Its quite possible that if you're respectful, they will work with you. Of course if you decide not to go to court, a warrant will be put out for you and you'll just have to avoid ever visiting that state.
2007-01-12 16:51:07 · answer #8 · answered by The Maestro 4 · 0⤊ 1⤋
not only do you have to go to court in that state, you will have to do your comm. svc. there as well. if you have to attend a dui school you will have to do that there as well. dui's follow you from state to state so if you do not appear there you won't get your license renewed in your state either.
2007-01-12 16:51:18 · answer #9 · answered by jezbnme 6 · 0⤊ 0⤋
I just happened to know the answer to this, cause it happened to someone I know, unfortunately, the answer is yes. You have to appear in the court in the state u were given the DUI. If you get community service, you would have to do it in their country. You broke the law in their country so you owe them. It's payback for what u did. And u owe them not the US. As far as getting home, i think after u pay for your crime, they may give u means back to US.
2007-01-12 16:50:25 · answer #10 · answered by Anonymous · 0⤊ 2⤋