What to do if my new state of residence wants to punish me for a prior DWI in another state for which I received probation that was successfully completed?

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What to do if my new state of residence wants to punish me for a prior DWI in another state for which I received probation that was successfully completed?

I fulfilled all of my requirements in TX (where I received the DWI) – probation for 15 months, a breathalyzer in my car for 15 months, DUI class, AA meeting, etc. I have had no issues since then. During probation I moved to FL and had no issues getting a license there. I have now moved to VA and the state wants to suspend me and charge me a bunch of money to reinstate. How can I be punished for the same crime twice? Does it matter that I’ve been cleared and completed everything TX required? Seems like double jeopardy to me. I don’t understand how I can be punished for a crime I have been cleared of in the state that the crime occurred. Can I do anything to stop this?

Asked on May 4, 2011 under Criminal Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is not double jeopardy but the state of Virginia should be giving full faith and credit (Full Faith and Credit Clause) to the judgment and resolution in Texas. You may need to seek the advice and direction of counsel both in Texas and Virginia. See if it is possible to get a sealing of your criminal record or expungement; the chance is small, but worth a shot to try. As to obtaining counsel in Virginia, you need to find out if there is an appeal or complaint process in Virginia regarding your license and why they plan on doing this action when they should have legal proof of your probation, and completion of classes.


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