Dear robert4878-ga;
Thank you for allowing me to answer your interesting question.
Alabama and Florida are both members of the interstate compacts, which
mean that they do indeed share information such as driver?s license
histories.
INTERSTATE COMPACTS REGARDING DRIVERS LICENSES
http://www.criminaldefensedenver.com/interstatecompact.htm
Normally, this pertains in large part to violations that are incurred
while in the possession of a license in a member state. For example,
if you were to get a ticket using your Alabama license while driving
in Florida, the Florida authorities would notify Alabama about the
violation and points might be assessed to your driving record
accordingly.
What you are asking about however is a somewhat different matter. As I
understand it you want to know if you can obtain a second US license
that reflects a clean record.
Since these compacts (agreements) between states basically views a
drivers license as a single interstate record, a revocation in one
member state is considered a revocation in all member states. Having
said that, driv9ing with a suspended or revoked license is a VERY
serious offense in Florida that can even land a violator in prison:
?Driving While License Suspended or Revoked- s. 322.34, F.S.
Any person whose driver license/privilege is suspended for Driving
with an Unlawful Alcohol Level, or revoked for DUI, DUI Manslaughter
or Vehicular Homicide, or for any other offense ordered by the court
and who causes death or serious bodily injury to another person by
operating a motor vehicle in a careless or negligent manner is guilty
of a 3rd degree felony, punishable by both imprisonment of not more
than 5 years, a fine not to exceed $5,000, or both.?
FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
http://www.hsmv.state.fl.us/ddl/duilaws.html#dui17
If you are a licensed US citizen trying to obtain a Florida license
for the first time, you will need to present your other VALID license
and a secondary form of ID in order to get your Florida license.
http://www.hsmv.state.fl.us/ddl/faqkeys.html#OOS
At that time, Florida DMV will run your Alabama license to see if it
is valid. If it is not (and by your own admission it is not) you will
be denied.
The only provision Florida has for issuing a Florida license to a
Canadian license holder is if the license holder is a Canadian
citizen.
http://www.hsmv.state.fl.us/ddl/faqkeys.html#CanCit
Under federal law, Canadian citizens are non-immigrants and are
allowed to stay in the U.S. without obtaining INS documentation.
Canadians without INS documents must provide proof of Canadian
citizenship to be issued a Florida driver license or identification
card by presenting two of the following documents:
Canadian passport
Canadian driver license
Original or certified Canadian birth certificate
Canadian Naturalization Certificate
All Canadian citizens will be issued an original or renewal driver
license for two calendar years from the date of issue.
Otherwise, if you are NOT a Canadian citizen and have a valid Canadian
driver license, you are required to provide the same proof of legal
presence as any other non-U.S. citizen. In other words, if you are
trying to get a Florida license using your Canadian license as
reciprocal proof of licensure, you will have to show proof your US
citizenship for that license to be considered a valid secondary form
of identification.
In addition, new residents obtaining a new Florida license must
SURRENDER their other licenses. The application also asks about driver
history and other licenses, that, if concealed or fraudulently
answered is considered third degree felony which may result in arrest.
FLORIDA DRIVERS
http://www.floridadrivers.com/drivers_license/obtaining_your_florida_drivers_license.php
Finally, under Florida law the DMV will refuse to issue a license to
anyone whose license is suspended or revoked in ANY other
jurisdiction:
?Title XXIII MOTOR VEHICLES
Chapter 322 DRIVERS' LICENSES
322.05(5) Persons not to be licensed.--The department may not issue a
license to any person whose license has been suspended, during such
suspension, nor to any person whose license has been revoked, until
the expiration of the period of revocation imposed under the
provisions of this chapter.?
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0322/SEC05.HTM&Title=->2004->Ch0322->Section%2005#0322.05
Will ther Florida authorities know that you have a revoked license in Alabama?
The answer is YES. Virtually every adult US citizen (and this is
especially true with those who have held licenses and/or been
convicted of even the most minor crimes like traffic offenses) is
listed in a central national database called NCIC (which stands for
NATIONAL CRIME INFORMATION CENTER). Authorities will not rely on your
Canadian license alone in order to establish or confirm your identity
and your ability to drive a motor vehicle. They will also check to see
if you are wanted anywhere in the US or aboard. At the time that you
apply for your Florida license your name, date of birth, social
security number and/or driver?s license number and any other personal
identifiers (such as an FBI control number or SID [State
Identification Number] ) will be researched through NCIC.
In answer to your question:
>>>Would my name be in the system twice and would they know about my
suspended license in Alabama?<<<
Yes and no. Your name would not necessary be "in there twice" because
records are often merged using central cataloging numbers (those FBI
and SID numbers I mentioned). But yes, they know about your suspended
license in Alabama.
With that in mind (and the fact that I have been a certified NCIC
terminal operator myself for more than 20 years, so I have some
considerable experience and first-hand knowledge in this area) I can
assure you that the history of your Alabama revocation will come to
the forefront should you attempt to apply for a Florida license, even
if you use a Canadian license.
I hope you find that my answer 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-ga ? Google Answers Researcher
INFORMATION SOURCES
FLORIDA STATUTES
Title XXIII MOTOR VEHICLES
Chapter 322 DRIVERS' LICENSES
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0322/titl0322.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%20322
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Clarification of Answer by
tutuzdad-ga
on
02 Aug 2005 12:48 PDT
As you have probably suspected by now, I have enjoyed a lengthy career
spanning more than two decades in law enforcement myself. You can
imagine then the bitter tatse it tends to leave in my mouth to say
this but when a shortcoming in the system is found, there's no denying
that it exists. In answer to your question, YES, if you are stopped
for a minor traffic violation along an American roadside the average
law enforcement officer will probably run your Canadian driver license
number and find nothing related to your US revocation.
Assuming you have obtain your Canadian license legally and you are an
otherwise law abiding citizen, it would probably be in your best
interest to be content with your Canadian license under the
circumstances. On the other hand, you "could" find yourself in
violation of resident laws that require a state resident to have a
valid STATE license after living in a state for x-amount of time. As
long as you are able to show that you are not in violation of these
resident requirements you should have no problem. Alternativiely, you
can always excersize your option to consult an attorney and find out
more ( I needed to mention that - Note: our disclaimer below that we
cannot and do not offer legal advice). :)
regards;
tutuzdad-ga
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