DWI- Double Jeopardy?
I'm in the military and a legal resident of IL because that's where I got my driver license and enlisted in the service. I got a DWI in North Carolina and have paid my dues to N.C to get my D.L reinstated. N.C. has cleared me to drive again, but there is a hold on my DL. IL tells me that I owe them an additional $500 after they approve my evaluations and treatments are enough even though they were accepted and ordered by a judge in NC. Is IL correct that they can do this because my DL is from there? If I were to get a speeding ticket instead in N.C. I wouldn't have had to pay both states. What's the difference?
1 Answer from Attorneys
Re: DWI- Double Jeopardy?
This is directed at the wrong state as I noted nothing in your story about GA but as it is a general question I will try to answer it.
N.C. regulates your ability to drive in N.C. They could not take your driver's lic since they did not issue it but they could suspend your privledge to drive in N.C. When you "paid your dues" to N.C. for the DUI, it was only for violation of the DUI/DWI statute in N.C. and to get your N.C. privledges back. However, IL issued your driver's lic and thus can suspend it. N.C., under the "driver's compact", N.C. reported it to IL. Now IL is taking action under their state law and lic issuing rules. Your N.C. attorney should have cautioned you about this prior to entering any plea.
So the short answer is yes, you will have to jump through whatever hoops IL says you have to in order to get your lic back. You will not be eligable to go to another state and get a lic until the IL is straight.
To answer you last question, if you get a speeding ticket that is reported back to your home state, the home state may (depending upon their rules) access points on your lic.
Good luck!!
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