Asked over 2 years ago - Oakland, CAFlag
So i got my 2 DUI's about 2 years ago (one after the other) in CA, with CA license. I havent drove since then using public transportation instead. Of course, I did community service, jail time, this and that, payed all fines for both cases, Only except finishing DUI classes (for dmv purpose). Now i'm moving to a different state (NY) for my college. I know I don't have much options to drive in NY state with my current status, other than applying for 1650 waiver packet.
I just want to know if this is the only option I got. And in case I do apply, I'm curious of what i'll be facing after. I'll be living in apartment (not school dorm) so I guess i can prove my residency in New York. It will be appreciated if I can get a more clear vision ahead of me, assuming I go for 1650.
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The 1650 process is the only way to get DMV to agree to release holds on your California license so you can get a new license in New York. Keep in mind that if DMV cancels your license through the 1650 process and you move back to CA within five years, California DMV will suspend your license again.
However, DMV isn't your only problem. The court probably ordered you to complete the DUI schools as a condition of your probation; in fact, you might already have violated probation by failing to take the classes.
A probation violation for failure to complete the classes will get your license held up again. What's more, if the court ordered you to take the class, DMV won't release your license until you've fulfilled that term of probation.
If that's the case, you need to go back to court and ask the judge to delete the programs from your probation terms.
You'll probably need an attorney to unravel this mess. In the long run, it would have made more sense to complete the DUI programs, because you'd be done with them now.
This is a complicated situation. Most young people maintain residence in their parents state and pay out of state tuition in other state's where they complete education. You may have trouble meeting all out of state residence requirements. If you fail to get the DMV to release your license, you could end up unable to get your licenese until you complete the class which can only be done in California. If California doesn't release your license, you won't get a license in any State. If you are required to do the class for the Court, failure to complete will result in a violation of your probation and a warrant. I have had people suffer without licenses for 15 or more years and it can really be hard with new violations for driving on a suspended license. If you miss the time frame for doing the class, you are generally prevented from getting a license until you complete the class. This could get considerably harder to deal with in the future, especially, if you complete school and need a license to get to and from work in this or any other state.
Mr. Marshall is correct. I would only add the following options when you or your attorney seeks to modify probation.
Online program for out-of-state people, under limited circumstances:
This is not approved by California DMV, only California Court if directed by Assessment Unit of Court. California DMV's program requirement is not satisfied.
If you are out of state, you may be able to do your program for Court online at at either http://www.myduiclass.com , http://www.tomwilsoncounseling.com/onlineDUI.html , or http://www.duicourseonline.com/DUICourseOnline.... . Their www.OnlineDuiClass.com program modified their curriculum to meet state –specific requirements such as Colorado, Nevada, New Jersey, and California. They also include a FREE 1 hour online Victims Impact Panel required by many courts as part of the online DUI course curriculum. This panel is video streamed to the client’s computer followed by a brief quiz. They have had 100% acceptance of this method of delivery.
If your state of residence, or the state where the offense occured in is listed in http://www.myduiclass.com/states.html, you need to follow any indicated steps. If your state is not listed below, that simply means that Right Direction Services' online alcohol program has not been contacted by the authority in that state to require clients to get preapproval.
If you are ordered by the Court to do the program out of state, you must also request Court's Assessment Unit (when you later speak with them) that you be directed to do your program online.
Right Direction Services LLC
1415 Pate Plaza
South Beloit, IL 61080
Phone: (815) 389-9564
Fax: (773) 822-0793
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