Greg Smith and Associates, Criminal Defense Attorneys

Salt Lake City (Murray)
Free 15 Min. Consultation  :  Nights & Weekends  :  Easy Payments

801-651-1512  -  24/7

Free 15 Min. Consultation 24/7

801-651-1512


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Marijuana possession in Utah can cause you to lose your driver's license in another state

Many argue that smoking marijuana is bad for your lungs, among other things, and such arguments have caused many Utah legislators to feel that smoking marijuana should remain illegal in the Beehive State. In fact, CBS News recently reported that "smoking marijuana irritates the airways, triggers cough and phlegm production, and could be especially dangerous for asthmatics." In the same news story, they also reported that research has also shown that "marijuana may have beneficial effects on pain control, appetite, mood, and management of other chronic symptoms." (CBS News Article)

But sadly, in Utah, apparently only the negative side effects seem to influence the legislators. I recently had a client tell me he smoked marijuana for his depression because it has fewer adverse health consequences than legal prescriptions have, and costs less money, too. (I’ve heard the same arguments for heroine). Call us at 801-651-1512 for more information.

Whatever you think about marijuana, keep this in mind: if you get caught with marijuana in Utah, you could lose your driver’s license for six months on a first offense! And, not all prosecutors in Utah will give you a "plea in abeyance," so that your license is saved. Keep in mind, even in states where smoking marijuana is legal, they are likely to honor Utah’s driver’s license suspension. This is because of what is known as the "The Driver License Compact." That is an interstate agreement to share information about license suspensions and traffic violations, and forward them to the home state of the offender! Its so-called motto is "One Driver, One License, One Record." In other words, if you are not from Utah, your home state may honor what Utah does, even if it would not have been a violation in your own state. (For example, U.C.A. 1953 § 53-3-601 to 53-3-607.)

Here is what some of the law says:

ARTICLE III

Reports of Conviction

  1. The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee.
  2. The report shall clearly:
    1. identify the person convicted;
    2. describe the violation specifying the section of the statute, code, or ordinance violated;
    3. identify the court in which action was taken;
    4. indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond, or other security; and
    5. include any special findings made in connection with the conviction.

ARTICLE IV

Effect of Conviction

  1. The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if the conduct had occurred in the home state, in the case of convictions for:
    1. manslaughter or negligent homicide resulting from the operation of a motor vehicle;
    2. driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree that renders the driver incapable of safely driving a motor vehicle;
    3. any felony in the commission of which a motor vehicle is used; and
    4. failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
  2. As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give the same effect to the conduct as provided by laws of the home state.
  3. If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in Subsection (1) of this article, the party state shall construe the denominations and descriptions appearing in Subsection (1) as applying to and identifying those offenses or violations of a substantially similar nature and the laws of the party state shall contain provisions as necessary to ensure that full force and effect is given in this article.

Tags: marijuana, drug possession

Clients with disabilities or impairments
Access to our office is available to clients and their family members at all times. Special equipment and communication devices are available upon request for our clients with visual, hearing, speech and physical impairment. In addition, arrangements can be made for verbal or sign language interpreters if needed to communicate between our attorneys and the client and family. Please notify our law office if any additional accommodations related to your disability or impairment are necessary to make your consultation more comfortable.

I understand that I am contacting a corporation, not an individual, and that if I do business with the law firm, it will be with that corporation, not any individual(s). I understand that Greg Smith and Associates is not the legal name of the law firm, rather, it is "Affordable Legal Advocates, PC." I also understand that whatever may relate to, or arise out of, any communication with the law firm, which results in any type of legal action, such must be brought in the Third District Court of Utah, West Jordan Department, and that this is mandatory not permissive.

Feedback From Satisfied Clients

"The domestic violence and DUI crimes that I was charged with would have ruined my career. Thank you for saving me! You are worth every penny I paid you."

More Testimonials

Avvo Clients' Choice Award. 5 Stars
5 Star Rating


   Review Us On Google



Greg Smith and Associates, Criminal Law Attorneys, located in Salt Lake City (SLC), also represents clients from communities such as Provo, Orem, Payson, Ogden, Park City, Sandy, Draper, West Valley City, Bountiful, Murray, West Jordan, Taylorsville, Farmington, Alta, Bluffdale, Cottonwood Heights, Draper, Herriman, Holladay, Midvale, Murray, Riverton, Sandy, South Jordan, South Salt Lake, Taylorsville, West Jordan, West Valley City and Richfield; and counties including Salt Lake County, Summit County, Tooele County, Sevier County and Davis County, Utah.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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