Can You Move to Another State While on DUI Probation
My question involves criminal law for the state of: CO and MI
Good morning. My daughter has been charged with DUI, leaving the scene of an accident (property damage), and several other things in Colorado - which is where she lives. Given the financial implications of fees, fines, etc., she won't be able to afford to continue to live in CO. She would like to move to MI to live with me. I can get her lined up with a job, as well as provide some stability and remove her from the situation where she's been making poor decisions. Is it possible to transfer probation from CO to MI? If so, should she do this before she goes to court (she would go back to attend her court date(s)), or go to court, and then move?
My hope was to get her out in MI sooner so that she can proactively start to take the classes that the court will mandate. If she can show good intentions ahead of her court date, I'm hopeful that the judge will take that into consideration.
I do plan to engage an attorney to help her.
Thanks in advance.
Re: Can You Move to Another State While on DUI Probation
She will need the court's permission first in order to seek to have probation moved to another state. It will also take the agreement of MI to supervise her probation in order for it to happen. If the court or MI says no, then she has to complete probation in CO. Consult counsel.
Re: Can You Move to Another State While on DUI Probation
Although the terms of probation can be expected to prohibit relocation to another state without permission, it is only necessary for the other state to grant permission if the probation is transferred to that state. Sometimes it is possible to get permission to relocate with remote reporting (e.g., by phone or by mail), without any need to transfer probation and thus no need for permission from the destination state.
It would be sensible, to the extent possible, to complete all requirements of probation before seeking permission to move, including the required classes as well as payment of fines and other assessments. The more you have already done, the more likely it is that a probation officer will entertain your request.
Your comment, "ahead of her court date", indicate that she has not yet been sentenced. If not, then she should discuss with her criminal defense lawyer her hope that she can move to Michigan such that the issue can be addressed with probation and the court before she is sentenced.
Re: Can You Move to Another State While on DUI Probation
The first question is if this is her first offense. There's a statutory bar in Colorado for DUI transfers if it is a second or later offense.
The court is not usually involved, the probation office in Colorado is itself a part of the judicial branch. If the probation officer is willing, they will via the interstate compact, request that Michigan take the transfer. Michigan, if willing, will send their proposed conditions back to Colorado for approval. If Colorado approves then the actual transfer will be set up.
It's fairly routine if the probationer is in good standing and has a reasonable reason for the transfer. It, however, can take two months or more for the paperwork to move back and forth on the minimum of two round trips that it takes to set things up.