Dear brucedad-ga;
Thank you for allowing me to answer your interesting question.
First let me tell you briefly about interstate compacts. There are two types:
The DRIVER LICENSE COMPACT (DLC) is an agreement between states that
basically says you have only ONE driver?s license record. Meaning, if
you violate the law in one state it goes on your record (and stays)
with whatever license you hold.
The NON-RESIDENT VIOLATOR COMPACT (NRVC) is an agreement between
states to communicate with one another (i.e. pass along violation and
suspension information) if you get a ticket out of your home state you
are adjudicated for that violation (whether it results in a fine,
suspension, revocation, etc).
DUI.COM
http://www.dui.com/whatsnew/driverlicensecompact.html
With that in mind, it is important to note that Michigan is NOT a
member of either of the compacts, but the state of Ohio IS. The reason
I bring this up is because compacts normally pertain to POINT
ASSESSMENT rather than record sharing. Record sharing is a fairly
universal deal, but the compacts often determine how each state
process the information that they receive.
Now, typically a person is innocent until proven guilty in a court of
law. When someone is pulled over by the police and found to be under
the influence of an intoxicating substance, the person is arrested (or
cited) and a court date is set so the matter can be properly and
officially adjudicated by a judge (and/or a jury). Until such time as
the driver is formally found guilty he or she is, for all intents and
purposes, innocent of the crime they have been accused of. Having said
that, in most cases the accused may legally drive, at least until the
court date specified on his citation (or conditional release, bond
agreement, etc).
Some states (mine for example) seize the driver?s license and forward
it to Driver Control pending the hearing. In lieu of a license the
officer issues a receipt to the driver that serves as a valid as a
driver?s license at least until the initial court date. I don?t know
if this is the standard procedure in Michigan and the seizure was
overlooked or if, like some states, Michigan simply releases the
accused driver with his or her license with the understanding that it
will be forfeited upon conviction.
Most states (and Ohio is one of them) view out-of-state convictions
with approximately the same view as an offense that would have been
equally serious had it occurred in the state of Ohio. In other words,
if a person were convicted of DWI/DUI in another state while using an
Ohio driver?s license, the state of Ohio will assess derogatory points
against that driver in the same manner as it would if the offense had
occurred in Ohio. Moreover, one should be careful not confuse criminal
conviction with point assessment; while some states will not assess
points or report violations for point assessment purposes because they
are not members of any interstate compacts, you have to keep in mind
that if the driver?s license is suspended, revoked or otherwise
rendered invalid in Michigan because of some serious criminal offense,
that driver?s license will be seized and mailed to the Driver Control
entity in his or her home state for final disposition (they don?t
simply throw the license away or put it in a shredder). With that
license will come an official explanation as to why the license was
seized and why it is being returned to Ohio DMV. So, although some
states might not get too worked up about out-of-state convictions, as
a rule when a person is convicted and their license is suspended or
revoked in one state, that same license is considered suspended in ALL
states.
Will the offense make its way back to Ohio? Oh yes, undoubtedly so.
Will Ohio get very excited about it? That remains to be seen. You?ll
probably have to wait to see if the driver is actually convicted or
not before you know for sure.
As a last resort, in the event that the driver IS convicted and Ohio
does have a cow over it, perhaps you can help minimize the impact of
such a conviction by recommending that the driver attend a defensive
driving course. Often these course help reduce the number of
accumulated points and go a long way toward restoring a good driving
record and/or getting the insurance back down to an affordable level.
DMV.org
http://www.dmv.org/oh-ohio/defensive-driving.php
OHIO TRAFFIC SCHOOL
http://www.drivinguniversity.com/ohio-traffic-school-defensive-driving-online/
I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
INFORMATION SOURCES
INTERSTATE COMPACTS REGARDING DRIVERS LICENSES
http://www.criminaldefensedenver.com/interstatecompact.htm
1 800 DUI LAWS
http://www.1800duilaws.com/states/oh.asp
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