Hi.
I know this isn't the answer that you wanted to hear, but...
No, you can't get a driver's license in South Carolina. Under South
Carolina law, you're not eligible for a South Carolina driver's
license because your driver's license or privilege has been suspended
or revoked in another state.
On the driver's license application for South Carolina, they
specifically ask whether your driving privileges are suspended in
another state. It's perjury, punishable by a possible jail sentence,
to lie on the license application.
And, yes, South Carolina WILL check. Both North Carolina and South
Carolina are members of what's called the "Driver's License Compact."
What this means is that these states share information about drivers
via a computer database. If you apply for a driver's license in South
Carolina, they'll check you out on their computer and find out that
your license has been suspended in N.C.
------------
Let's go through this point-by-point in a little more detail...
First of all, there's a South Carolina law that prohibits the motor
vehicle department from issuing you a license because your license has
been suspended or revoked in another states:
"SECTION 56-1-40. Persons who may not be licensed or have their
license renewed; beginner's permit.
The department may not issue a motor vehicle driver's license to or
renew the driver's license of a person:
...
(2) whose driver's license or privilege to operate a motor vehicle
currently is suspended or revoked in this State or another
jurisdiction, except as otherwise provided for in this title;"
source: South Carolina Code of Laws: Title 56, Chapter 1, Driver's License
http://www.lpitr.state.sc.us/code/t56c001.htm
---------------
Second, the South Carolina driver's license application asks whether
your driving privileges have been revoked or suspended in any other
states. It's Question #5 on the application:
"5. Is your driver's license or privilege to drive suspended,
cancelled, revoked or disqualified in any state?
If yes, where? "
Here's the application form from the South Carolina D.M.V:
http://www.scdmvonline.com/forms/447.pdf
(The document is in PDF format, so the Adobe Acrobat Reader is
required. If you don't have that, visit:
http://www.adobe.com/products/acrobat/readstep2.html )
Again, it's illegal for you to make a false statement or to conceal a
material fact (e.g., your N.C. suspension) on the S.C. application.
Here's the South Carolina law:
"SECTION 56-1-510. Unlawful use of license; fraudulent application.
It is a misdemeanor punishable by a fine of not more than two hundred
dollars or imprisonment for not more than thirty days for a first
offense and not more than five hundred dollars or imprisonment for not
more than six months for a second or subsequent offense for any
person:
...
(5) to use a false or fictitious name in any application for a
driver's license or personal identification card or knowingly make a
false statement or to knowingly conceal a material fact or otherwise
commit a fraud in any such application;"
source: South Carolina Code of Laws: Title 56, Chapter 1, Driver's License
http://www.lpitr.state.sc.us/code/t56c001.htm
--------
And, finally, South Carolina can and will review your out-of-state
driving record when you apply for a S.C. license.
This fact is mentioned in the South Carolina law:
SECTION 56-1-660. Review of license status in other states upon
application for license in party state.
Upon application for a license to drive, the licensing authority in
a party state shall ascertain whether the applicant has ever held, or
is the holder of, a license to drive issued by any other party state.
The licensing authority in the state where application is made may not
issue a license to drive if:
(1) The applicant has held a license, but it has been suspended for a
violation and the suspension period has not terminated.
(2) The applicant has held a license, but it has been revoked for a
violation, and the revocation has not terminated, except that after
the expiration of one year from the date the license was revoked, the
person may make application for a new license if permitted by law. The
licensing authority may refuse to issue a license to any applicant if,
after investigation, the licensing authority determines that it will
not be safe to grant the person the privilege of driving a motor
vehicle on the public highways."
source: South Carolina Code of Laws: Title 56, Chapter 1, Driver's License
http://www.lpitr.state.sc.us/code/t56c001.htm
Both North Carolina and South Carolina are members of what's called
the "Driver's License Compact." This is a group of states that share
information about drivers' records. Here's a list of states that
participate in this interstate compact.
http://www.hmichaelsteinberg.com/interstatecompact.htm
These states have access to a computer database that allows them to
quickly and easily find out about your suspended N.C. license. The
existence of this database was recently mentioned on CNN:
"...states are in a better position now to create a national database
of driver's records, said Becker. They already participate in a
national commercial driver's license database and a database intended
to flag problem drivers, such as people with suspended licenses."
http://www.cnn.com/2002/TECH/ptech/01/16/driver.license.idg/
--------------
search strategy:
south carolina, dmv, "driver's license"
"driver's license compact", "south carolina," "north carolina"
I hope this helps. I'm confident that the information provided answers
your question.
Again, I'm very sorry that the answer turns to not be the one that you
would have wanted, but since you asked the question, I'm sure that you
wanted to get the answer, one way or the other.
Finally, thanks to my friend and colleague Pinkfreud-ga whose research
assisted me in the preparation of this answer. |
