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1st offense dui, no longer resident in the US

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by ChefE, Jan 11, 2021.

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  1. ChefE

    ChefE Law Topic Starter New Member

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    Jurisdiction:
    Alabama
    Ok folks, this is going to a be a bit... complicated so I will try to best explain the situation. I got a misdemeanor dui in Alabama last September. Totally my fault, I was living through a prolonged mental health crisis and I had a lapse in judgement. I hired a very reputable attorney who is handling my case. I no longer live in the US, I am a permanent Italian resident & I have legal residency with a residency card, etc.

    I started making plans to move to Italy in late 2018. My fiancee (who is now my wife) was having serious health issues so I decided to propose to her & move to Italy to be with her and help her. I renovated & sold my house in late 2019 and in January 2020 I started the big move to Italy. We planned the wedding, etc. and I made all of the necessary appointments to manage my residency, etc. I had to return home to sell my truck and take care of a few small things. I left Italy with the intention of being gone for a week or two. When I got home covid was in the news and within a week the travel bans went into effect and I was effectively trapped. When the stock market crashed I lost about 85% of my portfolio's value overnight. My wife's condition got worse, she mas MS and a number of related health issues so life was hell. I tried constantly to find way to return but all legal avenues on the US side were shut to me. I lived with my luggage packed & waiting by the door for eight months. During this my wife's health took a bad turn for the worse. She lost about 30 pounds and was unable to walk at times. With the lockdowns and travel restrictions in Italy managing her care was very difficult & very expensive.

    The stress on both of us was unbearable. Watching her dwindle away and being able to do nothing about it took a toll on my mental health. I was living with such stress that my hair was falling out by the handful and sleep was impossible. Every time I ate I got sick and I finally decided that I needed to just tune everything out for a while so I went out for some drinks, just to stop thinking about everything for a few hours. I had a few drinks (I'm a lightweight and I rarely drink) and I stopped drinking when I felt queasy. I drank a big glass of water and ate a little and after about an hour I thought I was ok to drive. I was mistaken. I was pulled over and volunteered to a breathalyzer and blew a .09. The officer asked me if I would consent to a bac test and I did, it was a .12. I cooperated with the police and didn't cause any trouble. I made bond and came home. I voluntarily enrolled in a drug & alcohol awareness program and completed it. I got a travel exemption from the Italian government due to my wife's health after 9 months of requests so I returned to Italy. We are married now. hired a very reputable attorney who will represent me in my absence.

    So, it's complicated. My question is, what should I expect? The court continued my case but I don't know why, but it's safe to assume that covid is related. I'm not a US resident and my attorney has everything to prove this, all the documentation, travel exemption, etc. etc. I have no criminal history other than this and my driving record has been a blank sheet for about thirty years.

    Thank you for any helpful input
    Chef
     
  2. Zigner

    Zigner Well-Known Member

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    For the benefit of others, I have shortened your post to the pertinent portions.

    The answer is that you have an attorney. You should speak to your attorney about your matter.
     
    hrforme likes this.
  3. ChefE

    ChefE Law Topic Starter New Member

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    Telling me the obvious doesn't help at all. I'm looking for subjective opinions, and the fact that i'm no longer a US resident is pertinent. There is no harm in seeking other opinions.
     
  4. Zigner

    Zigner Well-Known Member

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    You are represented. The BEST source of information is the professional that you are paying to represent you, not a bunch of random internet strangers.
     
    hrforme and justblue like this.
  5. adjusterjack

    adjusterjack Super Moderator

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    You can expect the same penalties as any other first time DUI. That you live outside the US is irrelevant. If the court requires you to perform certain requirements and you don't, you can be subject to arrest at any time you return to the US.

    That subjective enough for you?
     
    justblue likes this.
  6. flyingron

    flyingron Well-Known Member

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    It's unclear where you are and I'm not sure how Italian law is, but I can tell you that if you were a US resident alien, you'd still be reliant on your home country's passport being valid (the green card means nothing without it). If you're a fugitive, there's a chance your US passport might be canceled, especially when you're using the travel to avoid prosecution.
     
    justblue likes this.

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