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My son has warrant for not going to dui school but cannot finish the class before jan when he moves out of state to AZ. Options?
Anonymous6 views5 answers
Got dui, cannot finish 18 month dui course in CA before he goes to school in AZ. Has a warrant now because of this. Can he still move? what if he doe nothing about it in CA, how long will the warrant follow him. Could he get a license in AZ.
He should clear the warrant and get permission from the judge to complete a class in AZ. His privilege to drive in CA will remain suspended until he completes an 18-month class in CA. The DMV is very unforgiving. It's up to AZ if he gets a license there.
Mr. Finnecy is correct. There are two entities involved in the equation---the court and CA DMV. As to the court, he needs to clear up the warrant. He has a warrant because he not only didn't follow through with the terms and conditions of his probation (most likely he wasn't attending his class while he was here) and he failed to show up in court as directed to explain why he wasn't doing what he promised to do. His warrant will follow him FOREVER until cleared up. The court will, under the circumstances, probably allow him to do a comparable course in AZ.
As to the CA DMV they will not reinstate his driving privileges until he does a CA DMV course. He may or not be able to get an AZ license due to the suspension in California. If that is the case, he can apply for a 1650 waiver, so that he can get an AZ license. However, he will not be able to legally drive in CA (even with a valid AZ license) until he completes a CA 18 month course.
Your son should take care of the warrant. You should hire an attorney to arrange that your son surrender on the warrant and then either bail him out or ask the judge to release him. He will need to complete the 18 month multiple offender program before the California DMV will allow him to drive. The DMV has some provision that he may drive after completing 12 months of the 18 month program on a restricted driving privilege. But, he will still have to complete the program if he is to get his license back in California. The judge may allow him to complete a similar program in Arizona. However, that only satisfies the conditions of his probation in California and it will not satisfy the California DMV. If he is planning to live in Arizona he can petition California for a waiver that may allow him to obtain a driver's license in Arizona and will allow him to drive in California on a valid Arizona driver's license for a period of 3 years. If he returns to California then he must complete the 18 month program before he will be eligible for a California State Driver's License. The warrant will "follow him" and he risks getting arrested on the warrant if he is ever pulled over in California or in Arizona. It is a sticky problem.
Call DMV Mandatory at (916) 657-6525 and find out if he qualifies for a 1650 Waiver. First see if you can clear the warrant and ask the court to permanently stay completion of the DUI school because of the move to AZ though.