Getting into a DUI case is never a simple thing, but it becomes a little bit more complicated when your drunk driving charge was out of state. Various rules can apply, so see what your options are below.
Either State Can Pursue Legal Action
The aftermath of a DUI in another state will depend upon the complex laws that govern drunk driving charges in both states. Sometimes, the state that you were driving in will pursue legal action. Other times, they will send the information to your state law enforcement authorities, who will decide what to do next.
Some states have reciprocity agreements when it comes to pursuing legal action against drunk drivers, which may mean that your home state is obligated to pursue legal action against you.
Each State Has Different DUI Processes
The severity of your DUI and the process that will follow depends on which state decides to pursue legal action against you. The amount of fines, the likelihood of getting an interlock ignition device approved, and the certainty with which your license will be revoked can all depend on the jurisdiction where your case is tried.
Pursuing an Out of State Defense Will Be Tricky
If you have to attend court hearings in another state, this will obviously make things more difficult. If you need to work with a criminal lawyer in another state, this is more difficult, but not impossible. You can communicate via email or phone, using in-person contact only to prepare for court hearings.
Speak with a Lawyer in the State Where Legal Action Is Pursued
Your lawyer should be located in the state where your court case will be held. They must be legally able to practice law in that jurisdiction. They will also have a better handle on the laws that apply to your case and the best modes of defense to employ. If your DUI is being pursued locally, that is great news; you can consult with any number of DUI lawyers before finding one that fits your personality. If your case will be taken out of state, you'll probably need to use a phone, email, and a few trips to the state where your court case will be held. A quality lawyer will help make the process simpler in either case by giving you the best tools to fight your DUI.
Contact a law office like Thomas & Associates, PC for more information.Share
25 March 2018
Like many people, I once found learning about law very intimidating. My brother went to law school and I remember glancing through a few of his books and wondering if I was actually reading English due to all of the legal jargon in them! However, when I ended up in a sticky legal situation due to accidentally breaking a small law I didn't know existed, I realized that I needed to learn more about the law, so I could make sure to follow it precisely in the future. My brother helped to break down some complicated legal concepts to me, and I have since been studying up online. I want to post what I have learned and continue to learn about law in the future on my new blog, so my knowledge cannot only help myself, but also help others!