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Hayes & Rothstein

I got a DUI in FL in 2008. I was unable to make the court date due to divorce and relocation. Do I need a lawyer?

Question:  I currently live in WI and I need to get this situation behind me. The case is still open as far as I know. I'm not sure what course of action to take. I can't go to FL because I was recently diagnosed with cancer and all of my care takes place here not to mention I would lose my job. I don't know if the case could be transferred here or how that works. Any advice would be helpful. Thank you for your time.

Answer:  If your Wisconsin Driver License is still valid and you have renewed it since the Florida arrest the likely answer is that you should do nothing about the Florida DUI other than asking a Florida attorney to provide proof that Florida will extradite you if arrested anywhere other than Florida - if the Florida attorney tries to tell you that you need to resolve the Florida case. Most states will not extradite a person for first offense DUI if the person is not located in the state when the subsequent arrest on the warrant is made. My view is that if your future plans do not require you to return to Florida (where the warrant will result in your arrest if you are in Florida) there probably is no reason to make any effort to resolve the Florida case.

The case cannot be transferred here.

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