Lots of people decide that a change of scenery and a fresh start is the right way to move forward after a run-in with police over something like a DWI. In many cases, they’re exactly right, but there’s one quirk of the law that you should keep in mind if you’re looking to turn a corner in a new state.
An example currently in the news is the case of Brennan Clancy, a Pennsylvania resident who decided to set up shop in Florida after his third DUI conviction in Northampton County in 2013.
He moved to Daytona Beach, started working in construction, fell in love, and welcomed a baby into the world with his fiance. But when the family went to rent an apartment in 2017, Clancy learned that in the eyes of the state of Florida, his Pennsylvania misdemeanor was actually a felony. It turns out that when you move jurisdictions while you’re still on probation or parole, the new state’s laws govern, and in Florida, a third DUI is a felony.
Clancy has been fighting to create more transparency for people like himself, as they try to improve their lives. While he took a pro se case to the 11th Circuit Court of Appeals and lost, he’s followed up with a petition to the Supreme Court to ask that the justices look at a 2008 3rd Circuit ruling that said that the disparate treatment on display in cases like his violates the equal protection provision of the 14th Amendment.
The Supreme Court hears only a tiny fraction of the cases that are presented to it every year, and Clancy’s petition is probably a long shot, but it highlights a scenario that New Jersey residents in particular should be aware of. Because DWI is a traffic violation in our state, rather than a criminal matter, relocating to another jurisdiction could have big consequences for you.
If you’re dealing with the aftermath of a New Jersey DWI, get the legal help you need to move forward with your life. Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense attorney.
