Lawyer for Outstanding Judgment Warrant and Driver's License Issues in Greeley
Many times, our traffic lawyers receive calls from people in Greeley, Erie, and Evans who recently learned their driver’s license has a hold on it and they are unsure of the cause. Often it is because of an Outstanding Judgment Warrant (OJW). When an OJW is issued, your Colorado driver’s license is suspended and it doesn’t just affect you if you are in Colorado. Let’s take a closer look at OJWs, why they are issued, and how they can be resolved.
What is a Weld County OJW?
Anytime you receive a ticket or summons for a traffic offense, there are certain requirements that must be met before the violation is off the court’s radar. If any of those requirements, even something as simple as paying a small fine, are not met, an Outstanding Judgment Warrant can be issued in Weld, Morgan, and Logan County. This warrant is basically a notification for law enforcement that your driver’s license is suspended. We all know how important it is to be able to drive yourself to work or your kids to school, so the government uses that as leverage against you. They play with your ability to hold a valid driver’s license until they get what they want: the fine you didn’t pay or the court date you missed.
Is My Colorado License Affected by a Traffic Infraction or Ticket from Another State?
Due to an Interstate Compact that most of the 50 states have joined, an unresolved ticket or traffic case from another state can affect your Colorado driver’s license. The Compact, called the Driver’s License Compact, is an all for one effort to hold people accountable for any traffic violation, no matter how minor or where it occurred.
Am I Affected by the Driver’s License Compact?
Currently, there are 45 member states (along with the District of Columbia) that are part of the Driver’s License Compact. The five states that did not sign the compact are: Georgia, Maine, Michigan, Tennessee and Wisconsin. Under the Driver’s License Compact, the member states hold a person responsible for any traffic offenses committed in another member state. Their motto is: One Driver, One License, One Record. Long story short, you can’t run from that speeding ticket you got in Greeley, Colorado, just because you moved to Wyoming. It will follow you and Wyoming will treat you as if you committed the violation in their state. This can affect you in a few ways: you will not be able to get a driver’s license in another state if there is an OJW hold on your license and you will not be able to renew you license with an active Outstanding Judgement Warrant suspension. An OJW may be entered for any number of unresolved traffic violations like speeding, excessive point suspension, or suspension for a DWAI or DUI.
Driver’s License Compact Members: The List of States that Can Issue OJWs
Here are the 46 members of the Driver’s License Compact. Any of the below states can issue an Outstanding Judgment Warrant:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- District of Columbia
- Delaware
- Florida
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maryland
- Massachusetts
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wyoming
Outstanding Judgment Warrants and Bench Warrants
For most criminal cases, if you fail to appear for your court date (FTA) or don’t complete the conditions of your sentence, a judge will issue a Bench Warrant. If a Bench Warrant is issued, that person can expect to be arrested if caught by any law enforcement agency. Luckily, an Outstanding Judgment Warrant is not the kind of issuance that justifies an arrest. The warrant just acts as a hold on your license, making it so you cannot renew or apply for a new driver’s license in another member state. You can, however, be charged with a new offense like Driving Under Suspension or Revocation if you are caught driving with an OJW hold on your license.
How Can I Get My Driver's License Reinstated?
Getting your driver’s license reinstated is generally a two-step process:
- Contact the court that issued the OJW and request a clearance letter to give to the Department of Motor Vehicles. You have to take care of whatever outstanding issue caused the OJW to be entered in the first place before the courts will give you the clearance letter (i.e. pay the fine). The clearance letter will describe why the court issued the OJW and confirm that you have taken care of any outstanding requirements related to the case.
- Pay a reinstatement fee- of course the government will make you pay an extra fee.
Now, in a perfect world it would be just as simple as the completing the two steps above and you would be good to go. However, there are some added elements that can make the process more difficult. When the Weld County judge issues the OJW, they can also choose to issue a Bench Warrant. This may require that you return to Colorado or whichever state the OJW warrant was issued from. Instead of just requesting the letter, you may actually have to appear in court and face additional fines and penalties like community service, late fees, and possibly even jail time. When a Bench Warrant is involved, it can be a risky effort to get your license reinstated.