Livermore, CA asked in DUI / DWI for California

Q: If I'm a California resident but get caught driving under the influence in a different state, can I get charged there

and would I have to travel to appear in court there?

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5 Lawyer Answers

A: Yes, and it depends on that state's laws.

You most certainly can be charged with a crime where it was committed and held to answer at that location.

Whether or not you may appear in court through an attorney without you being personally present, depends on that state's laws.

Also consider that both criminal records and driving records (in most states) cross state borders, so the saying "you can run, but you can't hide" is more true than ever with the speed of the internet and governments using the internet to track criminal and driving records. (Years ago, before the internet was widely used, I had a friend who used to move between counties within the same state [not CA] to avoid her driving record following her. This scenario clearly does not exist anymore today with the ease of information transfer via the internet.)

A: you get charged where the crime occurred.............and a conviction in another state like Nevada is supposed to be reported to your states DMV through an INTERSTATE COMPACT.

think of OJ Simpson being charged in Nevada (and just released this weekend) and wanting to be prosecuted and housed in California.

the criminal fililng follows the location of the crime not the address of the defendant.

A: ONE IS CHARGED WHERE THE CRIME OCCURRED.

IF YOU WERE IN ANOTHER STATE AND GOT A DUI YOU WOULD HAVE TO APPEAR IN THAT STATES COURT IN THE COUNTY IN WHICH YOU REC'D IT.

A: YES

A: IF THAT STATE HAS WHAT WE HAVE IN CALIFORNIA WITH A 977 PC APPEARANCE BY A LAWYER WHEN YOU ARE ARRESTED FOR A MISDEMEANOR AND YOU AUTHORIZE A LAWYER TO APPEAR ON YOUR BEHALF THEN YOU WOULD NOT HAVE TO MAKE APPEARANCES.

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