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Q: wisconsin driver license ( Answered,   0 Comments )
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Subject: wisconsin driver license
Category: Miscellaneous
Asked by: doomey-ga
List Price: $20.00
Posted: 18 Jul 2005 16:21 PDT
Expires: 17 Aug 2005 16:21 PDT
Question ID: 545110
If I move to Wisconsin, and apply for a driver license indicating
that I have never been licensed to drive before in another
state...i.e. Colorado, California, Arizona,.... will they find out if
I truly had been licensed and/or suspended in another state. In regard
to them finding out,would it matter if the other states' license was valid or
suspended?

Request for Question Clarification by justaskscott-ga on 18 Jul 2005 16:48 PDT
Please note the disclaimer at the bottom of this page, which states
that comments and answers provided on Google Answers are general
information, and are not intended to substitute for informed
professional legal other professional advice.

The Wisconsin driver's license application states:

"WARNING  Any person who, on applying for a driver license or ID card,
presents fraudulent or altered documents or makes a false statement to
the issuing officer or agency, may be subject to a fine of not more
than $1,000, or imprisonment for not more than 6 months, or both,
revocation of driver license privilege for one year or cancelation of
the ID card."

"Wisconsin Driver License (DL)/Identification Card (ID) Application Instructions"
Wisconsin Department of Transportation
http://www.dot.wisconsin.gov/drivers/forms/mv3001.pdf

The form includes a question, "Has your license, ID card or driving
privilege been revoked, suspended, disqualified, cancelled, or denied?
 If yes, give date and place."

This raises the possibility that failing to state that a out-of-state
license had been suspended could subject an applicant to the fine,
imprisonment, or other consequences.  I should reemphasize that I
cannot give professional legal advice; this is just a possibility that
occurs to me.

However, perhaps we can help you in another way.  Answering the
following questions might assist us in providing an answer that would
avoid the need to hide the truth about the out-of-state license and
suspension.

1) In what state was your license suspended?

2) What were the reasons for suspension of the license?

3) Was your license reinstated?

4) Do you currently have a valid license?

5) Did you apply for any licenses in other states since that time?  If
so, is there anything we should know about those licenses?

I presume that answering these questions will not serve to identify
you, since so many people get licenses in various states.  Still, if
you feel uncomfortable about answering any of these questions, that's
okay.

Clarification of Question by doomey-ga on 18 Jul 2005 17:59 PDT
Scott,

While I'm aware of that the application asks that question, I'm
wondering if they check all states as a matter of course. With many
people with the same name, how can they be sure their check is
accurate? I currently have a valid AZ.license, but face a POSSIBLE
suspension of one year for DUI. I've not applied for any other
licenses in any other states.
Answer  
Subject: Re: wisconsin driver license
Answered By: tutuzdad-ga on 18 Jul 2005 18:13 PDT
 
Dear doomey-ga;

I can save you the trouble of any clarifications and answer your
questions directly. With regard to the likelihood that state of
Wisconsin would ?find out? that you had indeed previously been
licensed in some other state, the answer is ABSOLUTELY. Within a few
minutes of your application your name and information will be fed into
a national database called NCIC (National Crime Information Center ?
which, incidentally, I also happen to hold a certification with) that
will reveal any and all vehicle licenses, and state ID cards that you
have held (whether they are valid, suspended, revoked, or whatever). I
have been certified by the agency as a terminal operator for almost 25
years so I can vouch for the fact that this discovery requires little
more than some typed code and a flip of the wrist. There are in fact
many people with the same name in this world but the law enforcement
community has already figured that out - each person is issued a
unique FBI number and a unique SID (State ID number) so they and their
driver and criminal history can be easily tracked. You have one and so
do I.

It should also be noted that Wisconsin?s policy is to flat out refrain
from issuing a Wisconsin driver license to ANY person who currently
holds a suspended or revoked license in ANY state where the suspension
or revocation ?requires mandatory suspension or revocation in
Wisconsin?. In other words, if the reason your license was suspended
in revoked in another state would have been a violation serious enough
according to Wisconsin law to have warranted a suspended or revoked
had the offense had occurred in the state of Wisconsin, the state of
Wisconsin WILL NOT issue you a license until your out-of-state license
is fully restored and reinstated BY THE STATE WHERE IT WAS ORIGINALLY
SUSPENDED.

The short explanation is NO. You can?t get a new license in Wisconsin
until your old license is FIRST made valid again by the state that the
suspended it:



OBTAINING A DRIVER LICENSE WITH A SUSPENDED OR REVOKED OUT-OF-STATE LICENSE

?If your driver license is revoked or suspended in another state but
you have not been convicted of anything that requires mandatory
suspension or revocation in Wisconsin you must contact the state(s) in
which you have had your driver license suspended or revoked, and
reinstate your driver license in that state(s). You may then apply for
a Wisconsin driver license.?
WISCONSIN DEPARTMENT OF TRANSPORTATION
http://www.dot.state.wi.us/drivers/drivers/apply/nonreside/oos-suspend.htm


Pointing out the statute mentioned by my colleague, Wisconsin can (and
very well may) jail you should you get caught trying to lie on a
license application. In addition, should the state later learn that
your application was fraudulent, even your new Wisconsin license (if
it actually went that far) would probably end up being revoked for
misrepresentation. I would also remind you that in this era of
increased security in such matters, your attempt to defraud the state
in obtaining this license would be considered a very serious
infraction indeed. It could essentially be tantamount to attempting to
fraudulently obtain state identification, and could theoretically,
result in a significantly exaggerated investigation, embarrassing
publicity and substantial (i.e. made an example of) penalty. The fact
that Wisconsin WOULD DEFINTELY find out that you are not telling the
truth (probably before you even left the application office) if you
were to try and mislead the DMV about your previous licensure would
certainly not be worth the risks involved.

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


OTHER INFORMATION SOURCES

WISCONSIN DEPARTMENT OF TRANSPORTATION
http://www.dot.state.wi.us/drivers/drivers/apply/nonreside/oos-suspend.htm



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Wisconsin

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Request for Answer Clarification by doomey-ga on 18 Jul 2005 18:48 PDT
Can you please then clarify for me how the Driver License Compact and
Non-Resident Violator Compact work? Does that mean that Wisconsin, a
state that does not participate in either, does not share drivers
records with other states, or that it does not receive them? What
exactly does their non-participation mean to  a current
resident/driver or a potential future resident/driver? Thanks!

Clarification of Answer by tutuzdad-ga on 19 Jul 2005 06:52 PDT
Sure. No problem?.

DRIVER LICENSE COMPACT (DLC) - An agreement between states that
basically says you have only ONE drivers license record. Meaning, if
you violate the law in one state it goes on your record (and stays)
with whatever license you hold.

NON-RESIDENT VIOLATOR COMPACT (NRVC) ? An agreement between states to
that communicate with one another (i.e. pass along information) if you
get a ticket out of your home state.

Now, as it turns out, Wisconsin is not a member of either compact so,
as for how that state would respond to other states is a moot point.
California, on the other hand, is a member of the NVRC and Arizona and
Colorado are members of both compacts. The compacts are designed to
allow for reciprocity in that a state will report a violation back to
THE HOME STATE of licensure should someone be charged with a
violation. In a case like yours, where the violation happened long
before the move to another state, the compacts (and who is or is not a
member state) will not come into play. States have long since shared
information via NCIC even before these compacts were created, and the
ability to determine if someone has a valid license (or ever held a
license at all) has always been at law enforcement?s and DMV?s
disposal.

That said, I don?t believe these compacts will have any bearing on
whether or not you can pull this off in Wisconsin. The fact remains
that the information is already recorded in NCIC and Wisconsin has the
ability to find out about it even if the other states refused to
cooperate - and as I mentioned previously, Wisconsin has a strict
policy against issuing licenses to people who are suspended or revoked
in other states.

DRIVER LICENSE COMPACT
http://www.criminaldefensedenver.com/interstatecompact.htm

4 CAR INSURANCE QUOTES: RECIPROCITY
http://www.4carinsurancequotes.com/reciprocity.htm

Regards;
Tutuzdad-ga
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