DUI in another state 14 months ago

[Derick]

What is the name of your state? Colorado
I got a DUI visiting New Mexico in March of 06. I had a license revocation hearing and kept my Colorado license. At my last court date they still did not take my license, but was ordered to get a interlock for 1 year which is mandatory for first time offenders. My lawyer said I may have to get an interlock license in Colorado. I tried, but they said that because my license was valid they couldn't just give me an interlock license if my regular license was valid. Not long after that I recieved a letter from the Mew Mexico DMV saying that my New Mexico license was being revoked. Beings how I had not had a New Mexico license in over 2 years, legal advice told me to ignore it.
Now 14 months after being arrested and 7 months after being convicted, I get a letter from the Colorado DMV saying that my Colorado license was suspened for a year starting 6-29-07. I set up a phone hearing, of which I just finished. They now want me to get my license revocation cleared with New Mexico before I can get a probationary license in Colorado for medical reasons. I am under the impression that I can't get my new mexico revocation cleared for a year from the date I recieved the first letter.
I have complied with everything that the judge in New Mexico ordered. But I feel that I am being sentenced twice for the same crime. If I do get an "interlock" license now, can Colorado make me have an interlock for an extra 6 months longer than the New Mexico court ordered? Although Colorado and New Mexico are "compact" states, can they interfere with eachothers legal rulings? Any thoughts or advice would be greatly appreciated. I just want to move on with my life.

 

[FlyingRon]

Your legal advice was faulty.

The states are not interfering with each other. The revocation you IGNORED is what is most likely causing you problems in Colorado. There is NOTHING Colorado will do for you with that on your record.

You need to contact NM and figure out what you can do to get some driving privs back there. Hopefully something can be worked out short of moving to NM. Of course, they're not going to be happy you blew them off on the earlier hearings.

 

[Derick]

Thank You Ron. I now understand through reading old posts that New Mexico did not have jurisdiction to take my license from another state, which is why they didn't. I also understand that my lawyer gave me inaccurate advice, although it is hard to believe he did not know it would catch up with me. But he wasn't the best attorney; he did not even show up for the first revocation hearing before trial.
The first letter I recieved from New Mexico did not mention anything about driving privaledges or that I wasn't allowed to drive in New Mexico. If I had known, I would have tried to remedy that immediately. It just said to turn my license over to the state.
I also now understand the difference between legal action and adminastrative action. But my main questions are whether Colorado can make me get my interlock taken out and take my license away for a year starting 7 months after my conviction. Or can they add 6 months of interlock? Or can they make me keep an interlock in a vehicle I can not legally drive? What should I expect if I am able to get my New Mexico License revocation cleared up?

 

[nomeansno]

To clarify...

You attended a hearing with the New Mexico DMV at which time your license was not revoked, correct?

Then you attended your court hearing, and again your license was not revoked correct?

When you came back to Colorado you still attempted to comply with all provisions that the New Mexico court had imposed. Including attempting to get an interlock license in Colorado, at which time you were told that the requirements on your New Mexico license were not VALID in Colorado.

They refused to give you an interlock license, though you do in fact have the interlock installed and in use. At this time Colorado clarified that you had a valid license. When you got the letter from New Mexico you did check with your attorney, if you wish to call him that and he said it was nothing to worry about.

Sometimes you are damned no matter what you do. Ignoring anything from the State is bad news, but I know you didn't ignore anything. A few months ago, you checked and again were told that your Colorado license was still valid. You just had to wait for one state to catch up to another, in a day of instant communication it still seems impossible for it to take this long, but sometimes it does.

I am obviously not an attorney, but I do know how hard you have tried to do the right thing here. The law sucks, and just about the time you think you know exactly what is going to happen, they turn around and do the opposite.

All you can do is be honest with the DMV, and show the gentleman (in as few words, and as little emotion as possible) how hard you have tried to comply with all orders of the court. People involved in the system, legal or administrative are heavy on the system and light on the compassion, they are not known for being logical or personable.

No matter what happens, you will get through it. You will go on with the rest of your life just like I will. Keep your chin up little one, both of our lives are bottom of the barrel ****e at the moment, but that leaves only one way to go right? Eh?