Legal Question in Criminal Law in Ohio
prosecution for out of state bench warrent
In traffic court, can I be prosecuted in this state,or extradited to Ohio for a bench warrent issued there for failure to appear in traffic court on a charge of d.u.i.? Ticketed here for driving without first obtaining a drivers license, can I be charged with driving while under suspension from another state? Thank you.
2 Answers from Attorneys
Failure to appear for Ohio DUI - extradition
Extradition is a request from the governor of one state to the governor of another state to reyurn someone to the requesting state for trial. The governor of Ohio will not seek extradition of someone on a DUI charge. However, when you failed to appear on the DUI in the Buckeye, the court, here, cancelled your driver's license and notified Alabama. What Alabama did, I cannot say. To what sanctions you are subject in Alabama is also beyond my ken. I would suggest posting an inquiry to [email protected].
If you need help with the Ohio DUI, e-mail me privately after checking out my home page.
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Extradition for DUI
You can be extradited for any crime (not offenses such as speeding). DUI is generally a crimethat you can be extradited for. However, Ohio has to pay the cost of extradition and may notwant to spend the money. Generally states now suspend a person's license for failing to appearincourt and have other states recognize the suspension. The only way you can get a license inanystate is to voluntarily return to Ohio and surrender yourself to the DUI charge. If your license issuspended in Ohio and your state recognizes the suspension you can be arrested in your statefordriving after your license was suspended. Since this is general advise without knowledge of thelaw of your state, you should consult a local attorney.
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