Wednesday, August 20, 2014

Complications of Moving State to State and a New York DWI

I want to be this vagabond, he is too cool!

The New Vagabond Culture

People move around these days. It ain't like it was in the before time. People got a job, got married, had kids, bought a house and lived and died on the same block after being there for 40 years. Yup, that's the before time stuff. These days, people have numerous jobs, careers, baby mommas and baby daddies, they move city to city and state to state. As a key example of this craziness I have lived and practiced in more than four different states. Beyond that in two different professions: Chiropractic and Law. On top of that civil Personal Injury litigation and criminal defense. I have been criticized for all of this over the years by those who believe that this speaks of immaturity, instability, and plain old nonsense. I just prefer change and adventure. My maturity is always questionable at best. After all how many men in there 50s have Yoda bobble heads.


But today we play the what if game. What if we have a pending DWI charge or charges? Can we move? Can we relocate? Can we take a new job? Can we enter a new graduate program? Hell can we sign a new lease for an apartment? Or are all of these BAD ideas while our case is pending?

NYS Misdemeanor Probation Keeps You in NYS

First, if you get placed on misdemeanor NYS probation YOU are STUCK in New York for 2 or 3 years. NYS misdemeanor probation does not transfer state to state. It is community based and centered local supervision. You could transfer to one of the other counties (NYS has 62) but not out-of-state. That is one of the real dangers of NYS misdemeanors, they lock you down to New York.

Is Your Conditional License Any Good Anyplace Else? 

Second, if you move after a NYS refusal DWI or a DWI with a chemical (blood or breath) test but only have a conditional driver's license will this license be honored (accepted) in the New State?

For an example, I had a NYS refusal who wanted to take a job in PA but PA DMV said that he would have NO license privileges if the refusal occurred in PA so they would NOT honor the NYS conditional privileges. If he got stopped (pulled over) for anything in PA then he was in trouble with that license. Ignorance would not be a defense to unlicensed operation in that situation. Every state is different, some offer no conditional privileges to their DUI offenders so they offer NYS offenders NO privileges either. In NJ, there is NO conditional or hardship license. So using a NYS conditional in NJ  may be a big problem.

Ignition Interlock Requirement Comes With You State to State

Third, under the new Leandra law there is an ignition interlock requirement of 12 months for all first time DWI offenders. If it is installed in NYS, and then you move, it still requires monitoring and downloading the information from the device every 30 days.  Will your provider, Intoxalock or Smartstart allow you to transfer the monitoring to a new state (location)? You must insure that the information gets sent via computer to the monitor back in the county of the DWI offense every month. What if they log a violation or violation of the device? You must now return to the monitoring county and face the court of record?

That's all certainly a lot to think about.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.