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Q: Drivers License ( Answered,   0 Comments )
Question  
Subject: Drivers License
Category: Miscellaneous
Asked by: 22drake22-ga
List Price: $15.00
Posted: 14 May 2005 21:49 PDT
Expires: 13 Jun 2005 21:49 PDT
Question ID: 521765
With a felony conviction in Ohio for Aggrevated Vehicular Homicide you
lose your license for life. What states would allow you to get your
license and with what requirements?
Answer  
Subject: Re: Drivers License
Answered By: politicalguru-ga on 13 Jun 2005 02:38 PDT
 
Dear Drake, 

Let me first refer you to the disclaimer on the bottom of this page:
"Answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
professional [...] legal, [...] advice". For the best results, you
should consult a lawyer.

All 51 US jurisdictions are member to the Problem Driver Pointer
System (PDPS). This means, that they all share information of that
kind, even those that are not members of other cooperation schemes.

Two states that are neither members of the Driver License Compact
(DLC) nor to the Non-Resident Violator Compact (NRVC) are Michigan and
Wisconsin. However, these would reject licensure motions by people
whose license has been revoked by another state, until the period is
over (and would know about it through the Problem Driver Pointer
System).

(See: 
Wisconsin Department of Transportation: Obtaining a driver license
with a suspended or revoked out-of-state license
<http://www.dot.wisconsin.gov/drivers/drivers/apply/nonreside/oos-suspend.htm> 

Michigan Driver?s License Information
<http://www.michigan.gov/documents/05_WEDMK_2004_108017_7.pdf>). 

A single exception of this rule *might* be Colorado. If at least a
year has passed by since the time your license has been revoked; and
you are a Colorado resident, you *might* be able to get a license
according to the Colorado law (which means, that after several years,
you might get a license). Colorado law states:
"If the applicant has held such license but the same has been
suspended or revoked by the issuing state, DMV shall not issue a
Colorado driver's license to the applicant except as provided herein.
Whenever DMV receives a license application from a person under
restraint in a party state, DMV shall issue a written notice of denial
to such applicant. The notice shall identify the state(s) where the
applicant's privilege is under restraint. The notice shall contain
information concerning the applicant's right to a hearing in
accordance with 24-4-104 C.R.S . and information on obtaining a Letter
of Clearance from the restraining state.
LICENSING OF DRIVERS CURRENTLY UNDER RESTRAINT IN ANOTHER STATE
Any applicant who is denied a Colorado driver's license because of an
existing restraint in another party state may request a hearing to
determine eligibility for licensing under these rules.
Upon receipt of such hearing request, the Hearing Section shall notify
DMV of the pending hearing. DMV shall thereupon acquire the
applicant's driving record from the restraining party state and
analyze that record, applying Colorado law. For purposes of this
analysis, all offenses appearing on the out-of-state record shall be
viewed as if they had occurred in Colorado. Analysis of the
out-of-state record as described shall constitute the investigation
required in Article V, paragraph 2, of the Driver License Compact.
At hearing, the applicant must show that:
At least one year has passed since the out-of-state license was
suspended or revoked;
He or she has not driven since the imposition of the suspension or revocation; and 
He or she is now a Colorado resident.
Residence may be established by such evidence as proof of employment,
voter registration, utility bills or other documents which reflect
that the applicant resides in Colorado.
Any evidence of a traffic conviction for an offense occurring after
the suspension or revocation effective date shall rebut paragraph 2
above, and the applicant shall be required to wait one year from the
violation date before applying for a Colorado license under these
rules; or until one year after the date of Colorado reinstatement
eligibility, whichever is longer.
DMV shall have the burden at the hearing to show that the applicant is
not eligible for licensing based on the analysis of the out-of-state
driving record.
DMV shall present its analysis and calculate the reinstatement
eligibility date as determined by the application of Colorado law to
the record.
In making this calculation, DMV shall credit time spent under the
out-of-state restraint to the total time of restraint required under
Colorado law.
If the calculated reinstatement eligibility date has passed, the
applicant shall be eligible to apply for a Colorado driver's license
upon the completion of any required reinstatement conditions.]
If the calculated reinstatement eligibility date is established to be
a date in the future, that future date shall be the date upon which
the applicant becomes eligible to apply for the Colorado license.
This date shall be extended for one year in the event of any
conviction of a traffic offense in the interim.
In no event shall any limited driving privilege, such as a
probationary or temporary license, be issued to any applicant subject
to these rules.
In no event shall a Colorado driver's license be issued to any
applicant less than one year after the imposition of a restraint by a
party states
REINSTATEMENT IN THE OTHER PARTY STATE
These rules apply to persons who, at the time of application for a
Colorado driver's license, have not reinstated their driving privilege
in the restraining state. These rules apply regardless of whether the
applicant is eligible to reinstate in the restraining state.
In the event that at the of application the applicant presents a
reinstatement order or clearance letter from the restraining state,
these rules shall not apply and the application for Colorado license
shall be accepted forthwith."
(SOURCE: Colorado Devision of Hearing, INTERSTATE DRIVER LICENSE
COMPACT RULES, <http://www.revenue.state.co.us/hearings/wrap.asp?incl=interstate_compact>).

Read also: 
The Secret To Getting A Colorado Driver License If You've Lost Your
License in Another State
<http://www.lawyernet.com/members/jimfesq/parts/driverlicensecompact.html> 

So, in the case of Colorado, it depends on the terms of your appeal to
the DMV and the term Colorado would have seen fit for your offence,
had it been committed in that state.

Further Reading: 
"Drivers License???" Ipaq HQ forums
<http://www.ipaqhq.com/forums/archive/index.php/t-14475.html> 

I hope this answers your question. Please contact me if you need any
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