Wednesday, January 18, 2012

Denver criminal defense lawyer / out of state traffic offenses

One question a lot of folks have for me as a Denver criminal defense lawyer is what happens to your driving record if you commit a traffic offense out of state? Basically, the process is split into two parts. A Denver criminal defense lawyer can help with either. The part with the DMV is treated more like a regulatory crime. This is where you may or may not lose your driver's license. A state's DMV only has the power to regulate driver's licenses issued by them.

By contrast, the criminal aspect of the case is where a court can hand out fines and prison time. If you are from out of state and commit a crime in Colorado, you will be subject to the jurisdiction of the state of Colorado and the court for whichever county or district that crime occurs in. That means out of state defendants should hire a Denver criminal defense lawyer to aid in their defense.

On the other hand, the Colorado Department of Revenue (the department that runs the Colorado DMV) only has control over Colorado drivers licenses. That doesn't mean an out of state driver is off scot free. Colorado and most other states participate in the Driver's License Compact. That means they report any crimes or violations to the state where the license was issued. That state's DMV or Department of Revenue or corresponding department decides how to handle the suspension or lack thereof. Although most states have pretty similar traffic laws, they aren't all the same. That means that it's important for you and your criminal defense lawyer to know the consequences of the conviction in one state on your driver's license in your home state. Otherwise a defendant can end up with a nasty surprise in the form of either a license suspension he didn't see coming, or an increase in insurance rates due to extra points.

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