Can my son move out of the state after being charged with a DUI in the state of Oregon?

Asked almost 2 years ago - Albany, OR

This is his first DUI.

Additional information

He was also charged with leaving the scene, no licence, no insurance, and no tags. He wants to move to Oklahoma and have the case moved there.

Attorney answers (4)

  1. Mark C Cogan

    Pro

    Contributor Level 15

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    Answered . Every criminal case must be prosecuted in the jurisdiction where the crime allegedly occurred. It is possible that the court might give your son permission to leave the State of Oregon while the charges are pending. If convicted, it is possible that probation might be transferred out of State. However, the jurisdiction for the prosecution of your son's case will remain in Oregon, because that is where the events allegedly occurred.

    Any person who is facing a criminal charge needs to place his or her case in the hands of a criminal defense attorney. The consequences of a criminal charge can be severe and long-lasting. There is much that an attorney can do to help your son. This is true whether your son is innocent, guilty, or somewhere in between.

    For a charge of Driving Under the Influence of Intoxicants, there are steps that must be taken immediately in order to protect your son's legal rights. Contact a criminal defense attorney immediately to see what needs to be done to help your son.

  2. Jennifer Anne Fitzgerald

    Contributor Level 7

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    Answered . Criminal laws are state specific, and although DUI is illegal in all fifty states, each one of those states has it's own unique law defining the scope of the crime as well as the punishment for it. Violations of state criminal statutes must be prosecuted in state criminal courts, there are no exceptions whatsoever. However, if your son is out on personal recognizance or bail pending resolution of the Oregon DUI, it is likely a condition of his release that he not leave the state without seeking prior permission from the court. If he were to leave the state while the DUI is still pending, he would be in violation of his PR or Bail conditions, and as such, his conditional release could be revoked. Your son should stay where he is until his pending DUI charge is resolved. If he ultimately is placed on probation, courts routinely grant defendants permission to move out of state and report to a probation officer in the new state. This would have to be arranged by the court and his probation officer before he leaves the state.

  3. John Skyler Riordan

    Pro

    Contributor Level 17

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    Answered . If the case is over and he is currently on probation, then request permission from the Probation Officer or the Court to relocate. This is very common and can be done. If the case is not over, then he can move without permission provided there are no bond restrictions that require him to stay in the jurisdiction.

    Hire a lawyer for the DUI and this can be addressed by that lawyer.

    John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm... more
  4. Benjamin J Lieberman

    Contributor Level 20

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    Answered . The case won't get moved there. It will have to be resolved in the jurisdiction where the offense took place. Your son should have an attorney. The attorney can possibly negotiate a favorable disposition that would allow your son to move on without any kind of restrictions. Alternatively, if your son is put on probation, it may be possible to have the probation transferred. He should discuss what, if any, options are available to him with his attorney.

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