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Q: Suspended Illinois License from parking tickets/ NY or NC? ( No Answer,   5 Comments )
Question  
Subject: Suspended Illinois License from parking tickets/ NY or NC?
Category: Relationships and Society
Asked by: roxx-ga
List Price: $25.00
Posted: 09 Sep 2005 20:34 PDT
Expires: 09 Oct 2005 20:34 PDT
Question ID: 566300
In Early 1996 my Illinois driver's license was suspended due to unpaid
parking tickets from the municipality of Chicago totaling more than
6,000 dollars in fines.  This happened due to an abandoned vehicle
that did not have a current city sticker and basically I was ticketed
every day for a month.  I was out of the country as this was happening
and did not go in front of a judge until much later and she said
because they were in final determination there was nothing she could
do.  Pay the money and it will be reinstated.  Well, I refuse to pay
the city of chicago this sum of money and have not driven since.  From
what I can gather this suspension is indefinite until the account is
settled.  I tried with a laywer to get the amount down(in 2001 or
2002) and the lowest they would go was 5,000 dollars which i thought
unacceptable(and can't afford).  Since then I have lived in North
Carolina and now New York City.

 My question is can I apply for an original license in either of these
states(I can prove residency in either one though NY is easier) and
obtain one?  Both states are members of the Driver's License Compact
but because my suspension results from parking fines rather than
traffic violations would/does either of these states make that
distinction in issuing me a license?  Also, does the NC application
ask if I have ever held a license in another state?  And If I say no
and it is checked and they find out I have a suspended license in
Illinois will there be legal repercussions/fines for lying?  
Basically, I need for a promotion to drive and want to find out which
state would be my better chance or is there another way I am not
thinking about(e.g. is my illinois suspension really indefinite).   I
know Wisconsin is not a member of the Compact and I do have family
there that might assist me in claiming residency, would this be a
better option though so much more of a hassle both ethically and
practically?

thanks in advance for any insight.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Suspended Illinois License from parking tickets/ NY or NC?
From: dark1nf3rn0-ga on 11 Sep 2005 02:49 PDT
 
Here's a copy from the NYS DMV website:

Drivers From the US or Canada Who Move to NYS
NYS recognizes valid driver licenses held by residents of other US
states, US territories and Federal districts and Canadian provinces.
If you become a resident of NYS, you must apply for a NYS driver
license not more than 30 days after you become a NYS resident.

You can exchange an out-of-state driver license or Canadian driver
license for a NYS driver license if the driver license has your
photograph, the driver license is not suspended or revoked and the
driver license:

has been valid for at least 6 months, or 
has expired in the past 12 months, or 
is a valid CDL and has been valid for any amount of time, and 
The driver license that you exchange must show the date that your
driver license was issued. The date is required to verify that the
driver license was issued at least six months before you applied for a
NYS driver license.  If your out-of-state photo driver license does
not show the date of issue, get a driver license record or letter from
the state that issued the driver license that indicates the date of
issue. The letter or driver record must be an original and must be on
the letterhead of the Department of Motor Vehicles of the other state.
 The letter or driver abstract cannot be a copy or a fax.

If your out-of-state driver license or Canadian driver license is
suspended or revoked, you cannot apply for a NYS driver license.  You
must remove the suspension or revocation and bring to a NYS DMV office
a valid driver license that meets the requirements listed above.

If you have only a driver license like those listed below, you must
apply for a NYS driver license as a new driver. See "New Drivers-How
to Apply".

You cannot exchange the following types of driver licenses for a NYS
driver license:

a driver license with no photo 
a driver license that does not show the date that the driver license
was issued.  Read the information about the requirement that your
driver license show the date of issue.
a learner permit 
a temporary driver license or an interim driver license 
a hardship driver license or an "employment only driver license" 
a driver license expired for more than 12 months 
a non-commercial driver license valid for less than 6 months. 
a driver license marked "non-renewable" or "non-transferable"

All DMV laws are similar to this one. All states are now required
(because of federal funding) to look your name up through the SSA
(Social Security Administration). The purpose of the law was to aid in
child support enforcement, this isn't really the case. I recently
turned in my out-of-state driver's license for a new one. To my
surprise, my out-of-state license was connected through my SS and this
new state knew everything about me. I was able to get a new license,
though I was surpised. You won't be able to obtain a new license.

In most states, parking tickets are not considered criminal offenses
and the state is therefore not subject to the burden of a criminal
case. Your fines are considered a civil judgement. The only legal way
of getting a new driver's license is by having the out-of-state
driver's license in a current status.

If you're wondering about statute of limitations, that won't work
either. Statute of limitations applies only for filing a claim, not
after a claim has been filed and a judgement given.

Here are your legal options: begin a payment plan with Chicago or save
up for a very expensive lawsuit (that you'll probably lose) for
violation of your 7th amendment rights. Your fines are all above
twenty dollars and you didn't have a jury trial. If you won that case,
that'd only enable you to have another trial where you'd have to
defend against every parking parking, and the outcome of that trial
looks bleak.

Sorry to say this, but it looks like you're screwed unless you come up
with the money to pay the fines.
Subject: Re: Suspended Illinois License from parking tickets/ NY or NC?
From: politicalguru-ga on 11 Sep 2005 07:31 PDT
 
Dear Roxx, 

This answer of mine could help: 
Drivers License
<http://answers.google.com/answers/threadview?id=521765>
Subject: Re: Suspended Illinois License from parking tickets/ NY or NC?
From: philonthejob-ga on 11 Sep 2005 21:47 PDT
 
There appears to be something missing from your story. In NYC at least
the city will auction off your vehicle and apply the proceeds to your
debt with the dept of finance. Then you would still owe any
difference.

Most cities give you at least 100 days after issuance to request a
hearing for a parking ticket. From 100 to 365 days your tickets are
considered to be in judgement. Then you can still fight them, but you
have to provide a judge with a good reason as to why you did not
answer sooner, ie like you were in the hospital.
After 365 days there is nothing you can do except pay them, or not in your case.

If there is some question as to the proper ownership of the vehicle,
or if the vehicle was stolen, then you might have some luck with a
court. I would not walk into a court and tell the judge you left the
car on the street with an expired decal and then left the country.

If you submit any fraudulent paperwork at NYS DMV you are committing a
crime, and you will be arrested. At least in the Bronx, 11 people were
arrested the first day the drivers license building was opened.

If you do not answer a question truthfully, it's not exactly a crime,
but as was already posted DMV database is connected to IL so, they
will immediately know your status, upon providing your SSN. Every
applicant for a license must now show their original SS Card at dmv,
there is no way around this. This has caused problems for many
undocumented aliens. They get their licenses from Indiana and a few
other states, not with the program yet.
Subject: Re: Suspended Illinois License from parking tickets/ NY or NC?
From: timppa-ga on 02 Oct 2005 16:48 PDT
 
I was exactly in your predicament here in Pennsylvania. The city of
Chicago got the State of Illionois to suspend my drivers liscense
because I didn't have a city sticker on my  '73 Buick Century. I had
run up over $2400 in tickets and it had been booted and towed. I
figured hey, I'll let them have my car and that will be the end of it
right?

Well, unfortunately for me (and you apparently) back in the day when
Daley was on his crusade against scofflaws he made a deal with Jim
Edgar to get a bill passed allowing drivers liscenses and plates to be
suspended for 8 or more parking tickets. Your only hope is to move out
of state and get your liscense transferred before they do this.

How is this? Well, most states are a part of the Non-Resident Vehicle
Compact (Some are not)

http://www.aamva.org/drivers/drv_compactsNRVC.asp

Basically they report suspensions and forieture of liscenses and honor
each others decisions and holdings.  So what did I have to do to get
legal and get my PA drivers license?

You don't want to know, but you asked.

I had to pay back every penny I owed to the city of Chicago.

I had to pay a fee to the State of Illinois once they had recieved the
information from the city of chicago so that they could remove me from
the database (The whole thing took 5-7 days.)
Subject: Re: Suspended Illinois License from parking tickets/ NY or NC?
From: albrock-ga on 16 May 2006 23:21 PDT
 
hmmmm, forget about paying. Go to Canada and get a Canadian license.
Then return to the US and get them to convert your Canadian license
into a NY, IL, w/e one. Since Canada certainly is not part of any of
these national registries or programs, I doubt (though I am not sure)
that any significant exchange of information between a state DMV and a
province DOT exists. It's worth a try, EH? ;)

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