The state of CA recently began requiring DUI offenders to get an IID installed into their vehicle for 5 months. If the person was to go to another state where such laws don't exist- will they still have to install an IID? Also, if an individual fails to complete their DUI program (alcohol meetings, AA meetings, court fees) and they move to another state, will this follow them? Will there be a warrant out for their arrest?
Relatively simple questions for a CA practitioner. For a few hundred dollars, spend an hour with a local lawyer. It's worth not having the worry of being arrested, isn't it?
Now, if the IID is a condition probation for you,my guess is that you are also resticted from leaving the state during the terms of your probation. So, step one is to read your court papers, or the papers you got from your probation officer.
Divorce / Separation Lawyer
It depends if the state you move to has reciprocal laws. Most states have laws which check what your drivers history is, however they must be able to access criminal history records. if this is your first offense then many states don't require an IID, however if this is your second or subsequent offense, many states do. spend a little time on line and research different states, but be cautious about lying on applications for your drivers license, the lie is just as bad as the offense many times. It also may be worth deciding where you are going to move to then consult a local attonrey or the drivers license buruea's website in that state.
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Criminal Defense Attorney
If you are on probation for a DUI (or anything else), you are obligated to compete the conditions of probation even if you leave the state. You should talk to the lawyer who represented you on the case so that you understand your obligations. If you do not complete the executory conditions of probation or if you fail to abide by any of the restrictive conditions, a judge can issue a warrant for your arrest.
Having said that, 23575(j) of the California Vehicle Code states that the Ignition Interlock Device requirement applies to any vehicle that you drive in California and does not apply to a vehicle out of state. However, you should still talk to your lawyer to get actual legal advice as to whether or not this applies in your case. (I can think of some scenarios in which you would have to go back to court and get a modification of probation -- and, if this was a felony, there is an entire process you have to go through for interstate transfer of probation).
So, talk to a lawyer and good luck.
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The fact that the person moves to another state is not going to effect the sentencing order or his ability to drive a car (indirectly). As one of the other attorney's stated the person may be able to transfer the probation to the new state and complete your sentence under the new state's supervision. If the person does not successfully complete the conditions of sentencing there will be a probation violation hearing. The person would then be subject to additional penalties (i.e. those that were suspended during the probation period).
Most likely, the person is not going to be able to obtain a driver's license in the new state until he has a valid license (no restrictions) in California. Most states, and probably all, require new residents to get a driver's license with that state within certain period of time (e.g. 30 days). Once this period is over the new state may consider the person driving without a vaild license.
If the new state does not have IID the person will probably be consdiered to be driving without a valid license because California still controls that person's ability to drive unitl the aforementioned period passes. I do not necessarily disagree with the attorney that stated it only applies to vehicles driven in California, but it may be farther reaching, The person's ability to drive in another state is based on his ability to drive in California. So if the person is pulled over in the new state and the polcie officer sees the Calfiornia restriction (i.e. IID) she may conclude that the person's CA license is invalid and thus he is driving without a license.
In conclusion, the person should make he complies with all of the conditions of the sentencing and driver's license. Moving out of state is not going to make anything go away.