Can I file a2nd dui misdemeanor probation report while I am in another country (Africa) for volunteer work? How can

Asked 11 months ago - Ventura, CA

I have a 2nd dui which I have not yet been sentenced. I am volunteering in Africa in an orphanage jan1,1914-july1,1914. Will they let me go, and if so how do I file my papers? can I get a stay on them and pay any fees in advance?

Attorney answers (4)

  1. Troy Slaten

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . If you have not been sentenced, then there is nothing to pay and you are not on probation (unless you are still on probation from DUI #1)

    Unless you are actually on probation, there is no legal restriction on travel as long as you OR your attorney makes all necessary court dates.

    If your case is in Ventura, and is newly in Dept 10, your attorney should be able to continue it for 6 months without much resistance. However, if you plan on entering a plea of guilty (I am not suggesting that you do that without consulting an experienced DUI lawyer 1st) you may want to get the ball rolling on that before you leave and then get a stay of the alcohol program until you return.

    Bottom line: hire the best attorney you can who regularly practices here in Ventura. Most all of us will give you a free consultation.

  2. Hudson Thomas Bair

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . This question is best answered by your attorney since he/she has the most experience in your specific jurisdiction. My experience has been that a probation officer will work with you to help you get finished with everything before you leave. You need to work your travel out with the multiple offender program too. Good luck.

  3. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . It's going to be difficult. The current judge in Dept 10 might give you permission to go, but most of the judges in Ventura will not. You'd also have issues with the jail sentence needing to served and getting a stay or leave of the 18 month alcohol school. Also, on a 2nd DUI in Ventura, you don't just report via mail as if on a 1st DUI. A public defender might be able to help you make these things happen, but a private attorney experienced in Ventura would have a better chance. Best of luck.

    Jasen Nielsen

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Second DUI's are treated very serious in Ventura- as are first DUI's. You will need a permission to modify sentence as a second DUI requires formal reporting to probation officer. You need to complete you alcohol school program and pay required fine. The best thing for you to do now and get an attorney and get into court and speak with judge about your predicament. Something might be able to be worked out with the Judge in Dept 10.

    Andrew Roberts
    (805) 496-7777

    Andrew Roberts (818) 597-0633/ (805) 496-7777
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