Out Of State DUI Charges
What Is The Interstate Driving License Compact? How Does It Relate To DUI Charges In California?
The Interstate Compact is a compact that indicates that if a person is arrested and convicted of DUI, it gets reported to the Interstate Compact. Almost every state in the country participates in the Interstate Compact. For example, if somebody gets arrested for a DUI in California, and they have a prior DUI in another state, that will be picked up in California and possibly considered a prior in California. However, that will depend on the nature of the offense or out-of-state allegations. Many times, we have been able to have prior DUIs from out of state convictions struck in California. We’re able to strike the conviction if the elements or requirements to convict a DUI in another state don’t meet the requirements for a DUI conviction in California.
Therefore, the general effect of an out-of-state conviction in California is that it can be used as a prior or it can be stricken depending on the manner in which the out-of-state court used to obtain the conviction in that state.
Do I Have To Be Present For All Of My DUI Proceedings?
For a misdemeanor DUI in California, a client does not have to be present during the proceedings. Generally, we do not have our clients appear at the first appearance. We appear for our clients because when a client appears for the first time at the first appearance, which is called an arraignment, it’s usually a sign of weakness. It indicates that they’re ready to plead guilty, and that’s not our style. We don’t want to have our clients there on the first court appearance because we want to get a copy of the charges, a copy of the police report, and talk to the prosecutor first.
If the case goes to trial, the client doesn’t necessarily have to be in court during the course of a trial. But it’s our experience that the client should be there during the course of a trial because it’s important for a jury to see that the client is there. It shows that the case is important to the client. Sometimes things come up during the course of a DUI trial in which the client can’t be there for a certain period of time. It’s a judgment call whether or not we ask the court to appear on behalf of our client without the client being there.
From the first court appearance to the last court appearance, the client usually does not have to be in court unless the court, for some reason, orders a client there. But in California, we have the opportunity to represent our clients without them being there for misdemeanor DUI cases. In felony DUI cases, however, that’s a different story. In a felony DUI case, the client has to be in each and every court appearance.
If Probation Or Community Service Is Part Of My Sentence, Do I Have To Do All Of This In The State?
In California, if you do not have a formal probation, then you can pretty much comply with the court without having to report to probation officer from wherever you are, even if it is out-of-state. However, in many jurisdictions, permission needs to be granted from the court for a person to leave California. If it’s a formal probation, sometimes the probation can be transferred to another state. But generally, a person doesn’t have to stay in California if they are on probation. We have even had clients who are able to do community service outside the state of California as long as the community service is a type of community service that is available in California. We’re also able to get clients to do DMV or alcohol programs outside of California that the court would accept. But you have to be aware that a person who does an out-of-state program, generally, will not be accepted by the California DMV as compliant with the California DMV program.
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