California is a popular destination for out of state residents to come and visit. Whether it be for vacation, to visit friends and family, or for work, one thing is for certain; it is necessary to drive from one place to another. Unlike many other states, travel by public transportation and cab is not as common as it is in other states.
Driving around can often lead to getting arrested for the suspicion of driving under the influence. The proper jurisdiction for the case to be heard is in California, where the incident occurred. But what happens when you are done with your trip and return back home? Does your case get transferred with you, or do you have to fly back for hearings and to complete any sentence the Court may order?
Unfortunately, because you are driving in California at the time of the incident, and you are submitting to California law and procedure, California State Courts will be the only court that has proper jurisdiction over your case. It is a matter for the California government and judicial system, not for any other state.
Fortunately, there are ways to make the entire matter much more convenient if you are not a resident of California. If you hire a Los Angeles DUI Lawyer to help represent you in the criminal case, the attorney has the authority to make all appearances on your behalf. The attorney also has the right, with your consent, to enter a plea on your behalf through what is called a Tahl Waiver. The entire case can be completed through a Criminal Defense specialist, without you ever having to appear in court.
Let’s consider an example to get a better idea of the process. Dana is in California for work. After a particularly successful business meeting she goes to dinner with co workers. At dinner the group celebrates with drinks. Having had only two beers, Dana heads to her hotel in her rental car. She is stopped and arrested for driving under the influence of alcohol. Dana hires an experienced California DUI attorney who appears at her first criminal court appearance. Seeing that there is room for negotiation on the case, the attorney enters a plea of not guilty on behalf of Dana. He then, appears at the Pre-Trial and gets the case reduced. He agrees to plead guilty on a lesser charge in exchange for the DUI charge to be dismissed. He then calls Dana and carefully reviews each provision and consequence of the guilty plea with her, as well as the potential consequences and possible sentences. Once Dana fully understands, she takes the form outlining what she has discussed with her attorney and notarizes it. The attorney then appears in Court on behalf of Dana and presents the notarized document to the Judge. Dana’s case will then be completed.
If you have been arrested for a DUI and do not reside the state, make your situation a lot more manageable by hiring a Los Angeles attorney that can handle the matter for you!