QUESTION
How can a person transfer DUI classes to another state without actually transferring the case?
Asked on Aug 08th, 2013 on DUI/DWI - Colorado
More details to this question:
I have a client in my treatment program from another state and she would like to do her driving under the influence classes out here. The client doesn't want to transfer the case, the client just wants to get off the probation there and be done with that.
3 ANSWERS
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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The classes can be taken in another state so long as the program she wants to transfer to is similar in duration to the classes she is assigned to. Either on her own or with the assistance of her current probation officer she should look at the programs that the proposed state uses for 1st offense OUI classes. Get a brochure or something that details the classes as to duration and content and present that to her current probation officer. She will need approval of the court or probation to do this but it should not be a problem. I have had many clients that were charged in MA but did the 1st offender program in another state. She could also contact the lawyer who handled the OUI for her to assist. It shouldn't take more than a phone call or two by the lawyer to help her out.
Answered on Aug 09th, 2013 at 2:38 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Your client will need to call her assigned Probation Officer to get permission (preferably in writing) to complete her alcohol treatment classes out-of-state.
Answered on Aug 09th, 2013 at 10:53 AM
It is possible to do and this has happened before. The first thing is to approach probation with the transfer if probation ok's it, than she would be able to do the classes in the state and still be on probation in the first state. A very big caveat - most probation terms have travel restrictions. If your client is planning on moving or spending significant time in another state, the court and probation must be informed and proper waivers given.
Answered on Aug 09th, 2013 at 10:32 AM