It can happen that the driver’s license of the arrested has not been issued in California. What will occur in this case?
First of all, it should be noted that the California law enforcement officer cannot take the driver’s license from out-of-state driver. Nonetheless, it does not mean that it will not be any penalty and out-of-state driver’s license holders can drive free under the influence. In effect, the California Department of Motor Vehicles (DMV) will try to get suspended the driving privileges in the home state of the offender.
The Interstate Driver’s License Compact is an agreement between the 45 participating states(except of Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin) to share information regarding certain types of convictions, including Drunk Driving (DUI and DWI) convictions. If an out-of-state driver is convicted of a DUI, the home state will be advised to take actions against him or her. Different states take different steps to punish their drivers who committed offences out of the state. In consequence, the penalties vary from state to state.
Any out-of-state driver will be prosecuted like a California DUI offender for his or her unlawful conduct. That is to say, the driver will be notified by the law enforcement officer that the driver’s license is going to be suspended in California in 30 days as well as the driver will get to know about his rights. The driver can appoint a DMV hearing and whether represent himself/herself or find a lawyer in order to represent his/her interests. Afterward, it can be hold a trial. If the defendant is found guilty, the penalty will come into force in the territory of the State of California. Moreover, there is Interstate Driver’s License Compact agreement which aims at sharing information about out-of-states drivers between participated states.
Whether for good or for evil but there is no concrete regulation concerning the transition of the penalties from California to other states in order to fulfil the court penalty for driving under the influence in California. In practice, the application of the decisions of California law enforcement bodies depends on the driver’s license issuing state.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of DUI, it is essential to contact an experienced California defense attorney who is will provide legal assistance. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
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