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I am a canadian citizen charged with a DUI in Florida. WIll my license be suspended in Alberta if I am convicted?
Anonymous4 views1 answers
I was vacationing in Florida and was charged with DUI. I have hired an atourney there, but if I am convicted, will the punishments (suspension, etc) be enforced in my home province of Alberta?
It depends. In the United States, the Constitution contains the Full Faith and Credit clause, which requires states to honor the judgments of sister states. To prevent people from obtaining a driver's license in one state after losing their license in another, Congress created the National Driver Registry. Most states cooperate with each other by enforcing the judgments of sister states using the National Driver Registry. See http://www.nhtsa.gov/Data/National+Driver+Register.
However, whether a province of Canada has access to this data base is the question. I suggest Canada does not have access to the database. Nevertheless, a recent decision by the Canadian Supreme Court: Morguard Investments Ltd. v. De Savoye, [1990] 3 S.C.R. 1077 held that foreign civil law suits will be honored provided the court handing down the judgment meets a test laid out in the case. The suit has created the judicial equivalent of the Full Faith and Credit clause. See ENFORCING U.S. JUDGMENTS IN CANADA : A PRACTICAL GUIDE by Henri C. Alvarez and Melissa J. MacKewn of Fasken Martineau DuMoulin LLP
I believe the ruling can be interpreted to apply to criminal suits, but it depends on Canadian law, which I do not know.
If you are faced with having to defend against judgment by the Florida Attorney General, I suggest getting a Canadian lawyer. Until then, count your blessings.