Can I get my DUI case probation ‘moved’ or transferred elsewhere?

A prospective Client asked:

I have a DUI case that I already was sentenced on and am on 5 yr of probation, with IID ordered, classes and programs to attend, but I am in financial trouble, my car getting repossessed, no place to live at the end of this month, no job.  I need to move out of state to live with my mom.  Is there a way to get this transferred out of state?  What are my options?

THE ANSWER:

You’d better go back to court [preferably with an attorney, private or Public Defender] before failing to comply with any required probation terms, programs or payments.  You could ask to have the case put back ‘on calendar’, then explain your situation to the judge.

Reality check:  You can ask for what you want, but you can not expect the court to grant permission to take DUI classes/courses/programs out of state.  Most of those probation requirements are dictated and controlled by California’s DMV, and they generally will not agree to such transfer.

Even if this were a non DUI case, such request to transfer a probation case is seldom granted by the court, and then only for extraordinary circumstances, and only if the other state agrees to accept you into their probation program for supervision.  That is not an easy or sure process on either end.  I’ve accomplished it for a few clients, but not cheaply or quickly.

Instead, with your poverty circumstances, you should ask the court for some kind or alternative,  delay or other options.  But, again, don’t expect a friendly reception.  Courts don’t like changing their orders just to accommodate defendants’ problems.

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