Out-of-State Residents

OUT OF STATE RESIDENTS ARE FACED WITH SEEMINGLY
INSURMOUNTABLE PROBLEMS.

For many years I have been representing clients from all over the world who have driven into legal trouble while they were in San Luis Obispo County for business or pleasure.

Read over the following and see if it is sounds familiar to you!

You were stopped for some sort of driving conduct by the CHP or perhaps local Police Officers, Sheriff Deputies or California Park Rangers.

After a brief question and answer session you were asked to get out of your car or perhaps submit to a preliminary breath test while you were still seated in your car.

After that more tests, questions, and since you are reading this you were handcuffed and placed under arrest for DUI. You were told that under California law you must submit to a chemical test of your breath or blood.

Then you enjoyed the rest of the day or night in the San Luis Obispo County Jail where in general you would be better treated if you had been taken to the dog pound... at least as far as freezing your butt in lockup goes!

You finally left the jail and were given back your personal property, jail paperwork, the San Luis Obispo Superior Court Notice paperwork, and a Notice of Suspension of your privilege to drive in California after 30 days, and Temporary Driver's License.

If you were not lucky, your out of state license was not returned to you... it was supposed to be returned, but sometimes it isn't returned by mistake. Start calling as soon as you realize that it is missing but it will probably still be too late. The agency will probably have forwarded it on to the California DMV by mistake.

As if all this wasn't bad enough, your real problems are just beginning.

I

FIRST YOU HAVE BEEN ORDERED TO RETURN TO SAN LUIS OBISPO COUNTY FOR A COURT APPEARANCE IN THE SAN LUIS OBISPO SUPERIOR COURT.  IF YOU FAIL TO APPEAR THE COURT WILL ISSUE A WARRANT FOR YOUR ARREST. IN MOST DUI CASES YOU ALLOWED TO BE REPRESENTED IN COURT BY YOUR ATTORNEY AND THAT WAY YOU WOULD NOT HAVE RETURN TO COURT.

II

IN ADDITION THE CALIFORNIA DEPARTMENT OF MOTOR VEHICLES HAS ALREADY BEGUN A SUSPENSION ACTION AGAINST YOUR DRIVING PRIVILEGES IN CALIFORNIA. NOW YOU COULD SAY... 'WHO CARES, I'M NEVER GOING BACK TO %$#@ CALIFORNIA ANYWAY!!!' UNFORTUNATELY YOUR HOME STATE WILL NORMALLY PICK UP ON THIS CALIFORNIA SUSPENSION ACTION AND THEY WILL HONOR IT IN YOUR HOME STATE. SO IT DOESN'T MATTER THAT YOU DON'T CARE ABOUT DRIVING EVER AGAIN IN CALIFORNIA. THE PROBLEM GOES MUCH FURTHER THAN CALIFORNIA!

THERE ARE AT LEAST FIVE CALIFORNIA SUSPENSIONS POSSIBLE. FIRST FOR DRIVING WITH A BAC OF .08 OR HIGHER. SECOND, FOR A DUI CONVICTION. THIRD, FOR NOT ATTENDING AND COMPLETING A DUI CLASS IN CALIFORNIA. FOURTH; FOR NOT FILING AN INSURANCE SR22 WITH THE CALIFORNIA DMV. FIFTH, FOR NOT PAYING THE CALIFORNIA DMV FEE OF $125.00. PROBABLY MORE, BUT THAT'S GOOD ENOUGH FOR STARTERS!

III

OK LET'S LOOK AT WORSE CASE SCENARIO ON TOP OF THE ABOVE...

  1. THE DMV HAS SUSPENDED YOU PRIVILEGE TO DRIVE IN CALIFORNIA.
  2. YOU'VE DECIDE TO PLEAD NO CONTEST TO DUI, OR MAYBE TO A PLEA BARGAIN.
  3. YOU MAY HAVE JAIL TIME TO SERVE IN SLO.
  4. YOU HAVE FINES TO PAY IN SLO.
  5. YOU MAY HAVE A DUI CLASS TO ATTEND IN CALIFORNIA. ( NO ONLINE CLASSES WILL QUALIFY!! - NO OUT OF CALIFORNIA CLASSES WILL QUALIFY!!)
  6. YOUR HOME STATE HAS SUSPENDED YOUR LICENSE BASED ON THE CALIFORNIA LICENSE SUSPENSION ACTION. THIS WILL NOT END UNTIL CALIFORNIA SAYS IT WILL END!

As you might be able to tell by now, it is not just a case of calling the court to find out how much the fine is and then just send it in to the court and pay it off! It's a real big deal. But it is not insurmountable, you just have to know what you are doing, or know someone that does.

There are ways to deal with most of these problems, complicated yes, but they are not insurmountable.