Are you a resident of San Diego area, who has plans to move out of state for school, a job opportunity, or to be closer to friends or family? Are you getting out of the military? But, what if you were recently arrested for driving under the influence, how would the San Diego DUI arrest affect your moving plans?
The key is to be proactive and contact an attorney who can work your case and deal with all the issues that come with this situation. Call our office now at 858-751-4384.
If this scenario explains your current predicament, you’re probably wondering how you’re going to handle your San Diego DUI case, if you’ll have to travel back to the San Diego area for court hearings, and if the San Diego DUI will affect your ability to obtain a driver’s license in the state where you’re moving to – these are all valid questions. In these cases, the details make the difference. Are you coming back to the San Diego area in a few months, or are you hoping to never come back (other than a vacation several years from now)?
I recently had a client get a job in France. They grew up in San Diego. So, they are leaving the area to love, but they are going to be coming back to the area to visit every so often. A scenario like this is a perfect example because we have some of the terms of her agreement on hold when she comes back. It was a simple task of negotiating the situation with the judge and prosecutor, who will usually work with you if you properly explain the situation.
Arrested for DUI and Leaving the San Diego Area? VC 23152(a) VC 23152(b)
Before you do anything, contact the Law Offices of Mark Deniz for a consultation at 858-751-4384. The key is to be proactive. You can often use the DMV APS hearing to get the facts of your case down. If you are required to complete alcohol education classes, attend AA meetings and a MADD victim impact panel, and perform community service, and whatever else may be needed before you leave or in the new area, you are in.
Our office has the ability to ensure all the documents you may need for court can be handled from your new area. When we take a case with the situation we begin working on making sure the client does not have to come back into the area. Call our office now for a free consultation at 858-751-4384.
Making sure a DUI arrest does not mess with you getting a license in the new area you are in.
Someone may have pled guilty to a DUI and for a variety of reasons moved out of state. What do you do? People are scared that they will be forced to stay in the area to complete the programs necessary for a DUI. If you currently have an SR-22 and move to another state, you must maintain the SR-22 as though you still live in California. Also, your insurance policy for your new state must have liability minimums as required by law in California. This applies even if you move to a state that does not have SR-22 insurance, such as: Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania.
Scenario: You get a DUI in California — then move to another state where you satisfy the terms of your court ordered probation by waiting out the suspension period and completing an out-of-state DUI Program. You then find that regardless of whether you move back to California, no DMV in the country will give you driver’s license. What are your options?
Answer: You have two options (1) stay in California and complete the alcohol classes, or (2) move to another state and waive your “privilege” to drive in California.
So long as you live in California, California DMV will never accept completion of an alcohol class from another state. The class must be taken in California even if the court accepted an out-of-state program in satisfaction of probation.
Note: DMV & Court are separate.
If you move out-of-state, you can call DMV Mandatory Actions Unit in Sacramento, California, at (916) 657-6525 and ask for a “1650 waiver packet.” They will only mail this packet to the licensee at an out-of-state address (you will also have to prove you live out-of-state with a utility bill or such). This waiver allows out-of-state licensees to drive in California, but does not allow the out-of-state licensee to acquire a California license within 3 years of filing the waiver. One can only qualify for the 1650 waiver once in a lifetime as of March of 2005. The 1650 Waiver removes the California hold, assuming an SR22 is also on file with DMV. If you come back to California within 3-years and want your license back, you will have to take the applicable California DUIP class.
You may apply for Termination of California DMV’s Suspension Action based on Out of State Residency. Please note, you are giving up your CA driver’s license and may need to complete requirements if you decide to apply for CA drivers license at a later time. Basically you will not be able to drive in California for three years, and you must file the forms or you’ll never be able to drive in California again, even on a valid out-of-state license
You have to contact Mandatory Unit and order the 1650 Waiver form and DL 300 from DMV at (916) 657-6576 or Fax (916) 657-5942.
You will also need to provide an SR-22 and affirm that you will not return to California for three years. That’s the only way to avoid doing the alcohol program in California.
If you live out of state and receive a DUI in California while visiting the state, or you have a California driver’s license and then move to another state, then you may have a challenge satisfying the terms set forth by the Department of Motor Vehicles (DMV) to remove the hold on your driving privileges.
Generally, the Court will allow you to enroll in and complete an out of state comparable alcohol program to meet the Court’s requirement that you complete an alcohol education class; unfortunately, that out of state class will not satisfy the California DMV’s requirement regarding licensing. The DMV will only accept alcohol programs completed in California. In other words, there will be a DMV hold placed on your California license or California Index Number and you will lose your privilege to drive in the state until that alcohol program is completed in California.
The good news is that there is an option to remove the hold and allow you to drive in the state. You can complete a once in a life time 1650 Waiver Packet which if granted, allows an individual with an out of state license to drive in California. Should the 1650 waiver be granted, then it would not allow the person to obtain a California license within 3 years of filing the waiver. You can contact the Mandatory Actions Unit of the DMV in Sacramento to request the application for this waiver. You will have to prove that you live out of state by providing a utility bill or another official document showing proof of residency in another state as a part of the application packet. As of March 2005, you are only eligible for the 1650 waiver one time only. This waiver will remove the California hold from your license or index number as long as you have an SR-22 (proof of financial responsibility) on file with the DMV. It is important to note that if you move back to California within three years from your conviction date that you will have to complete another alcohol program here in order to receive a California license again.
Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384.
Get a Local San Diego DUI Defense Lawyer Attorney on Your Side
If you’re concerned about moving to the other state and having to travel back to California to appear in court, there is a solution. Under California’s Penal Code Section 977(a), an attorney can appear on your behalf, which is essentially the same as you being there in person.
If you are still planning on moving to another state, you need an experienced lawyer to carry this case for you. This would help you avoid travelling back and forth, or worse, having a warrant for your arrest issued if you fail to appear for any reason. Of course, our #1 goal is to fight your San Diego DUI charges and see if we can get your case dismissed. If that’s not possible, we’ll work hard to negotiate with the prosecutor so we can get the penalties reduced as much as possible.
You do not need to make a trip back to the San Diego area to handle your DUI case. You want to ensure you can move to the new area without worrying about dealing with the ramifications of the DUI. Call the Law Offices of Mark Deniz now to get started at 858-751-4384