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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24911
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son was in a parked car and received a DUI. He went to

Customer Question

My son was in a parked car and received a DUI. He went to trial but was offered a deferred judgement but now is trying to get his minnesota license returned. His dui was CO JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Deferrred judgement in Colorado man license JA: Have you talked to a lawyer yet? Customer: He had a public defender in Co JA: Anything else you want the lawyer to know before I connect you? Customer: I don't think do

Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

What is your question with regard to this situation?

Customer: replied 2 months ago.
Where should he go or who should he contact to get his Minnesota Driver License back? They took it in Aug ( police in Gunnison Co). Said it was returned to Mn. After deferred judgement he would have gotten a CO one back but Mn says he has to meet terms of judgment
Expert:  Zoey_ JD replied 2 months ago.

That is correct. He has to get his driving privileges restored in the jurisdiction where they took them away -- in this case CO -- before he can get drive again in Minnesota.

A Minnesota lawyer might be able to help him get a hardship license in the interim.

Customer: replied 2 months ago.
Even if it was a deferred judgement and has no charges against him
Expert:  Zoey_ JD replied 2 months ago.

Yes, because while the deferral is pending he can still be arrested and lose the deferral at any time.

Customer: replied 2 months ago.
I believe he was told if he had a Colorado license it would have been restored.
Expert:  Zoey_ JD replied 2 months ago.

The problem may be that because of the Interetate Driver's Compact -- an agreement among 45 of the 50 states to hold drivers accountable under a one driver/one license theory -- Minnesota is entitled to treat his conviction as if it was their own. They can impose additional conditions on him as would be appropriate had he committed the offense in Minnesota.

I don't know for sure that the Compact is the issue here. Your son can get something in writing from the Colorado DMV saying that his Colorado privileges to drive there are restored. He can submit that to Minnesota and see if that makes a difference. If it doesn't, a lawyer in Minnesota can help him appeal the determination of the Minnesota DMV and/or get him an interim hardship license.

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