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Subject:
Driver license Snafu
Category: Miscellaneous Asked by: babashagga-ga List Price: $19.50 |
Posted:
11 Aug 2006 03:40 PDT
Expires: 10 Sep 2006 03:40 PDT Question ID: 754962 |
A couple of months ago, I transfered my WVa driver license to a NY driver license. My WVa driver license was surrended at DMV NY. A couple of nights ago, I was pulled over by a WVa police officer for driving below the speed limit (he claimed I was doing 28 on a 45 mph zone). Ten minutes into this routine stop, I was in handcuffs. The officer stated that I was driving with a suspended license, supposedly my previous license (the WVa) was on suspension, not the NY license. I was made to pay a fine and my car impounded. The ticket was written against the WVa license that I do not possess anymore. My snafu with this whole scenario is; after surrending my WVa drivers license at NY (the NY license was issued before the said suspension on the WVa became active), I will presume legally that the WVa license is null and void? correct? if that is the case, was I a victim of wrongful arrest? Can I sue the officer/department? |
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There is no answer at this time. |
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Subject:
Re: Driver license Snafu
From: nelson-ga on 11 Aug 2006 06:25 PDT |
Where do you live? Are you really a resident of NY or are you living in WV? You mention you transferred the license, but said nothing about moving. I'm a skeptic and suspicious in general. |
Subject:
Re: Driver license Snafu
From: trongrr-ga on 11 Aug 2006 06:39 PDT |
What you are experiencing is called a reciprocal drivers license agreement. Many states share their driver record data electronically through the National Law Enforcement Telecommunications System (NLETS) located in Arizona. When a NY Law Enforcement Officer makes a query as to your drivers status, the computer system automatically will make several queries using NLETS. It will check the NY state DMV system, the NCIC system to see if you have any warrant or if you are wanted for something 'bad', and finally it will make queries to those states with which NY has a reciprocal drivers license agreement. The DLA is a voluntary, reciprocal agreement among member jurisdictions to promote the ?one license-one driver control record? concept and to provide for the fair and impartial treatment of all drivers operating within their respective borders. The DLA deals specifically with the issuance and retention of driver?s licenses, the update and maintenance of driver records, compliance with the laws and regulations relating to highway safety and federal mandates, as well as the exchange of information between member jurisdictions. ( http://www.house.gov/transportation/highway/09-05-02/cross.html ) If your license is shown as currently suspended in W VA, even though you surrendered it, you still need to take care of the fines and costs associated with the W VA issue to make your NY license valid. The interesting part is that when you obtained you license in NY, the DMV folks did not let you know at the counter that you were suspended... unless the suspenstion showed up after they issued you a NY drivers license. |
Subject:
Re: Driver license Snafu
From: elids-ga on 11 Aug 2006 10:54 PDT |
How interesting, never heard of anybody being arrested for driving below the speed limit. I can see driving at 5 mph on a 45 mph zone but at 28mph? I've done that countless times. What is the expected/accepted speed range for speed limit zones? is it ten percent below the speed limit? is there a range or do they play it by ear? |
Subject:
Re: Driver license Snafu
From: babashagga-ga on 11 Aug 2006 11:46 PDT |
I live in Troy NY, my wife and son lives in WV. Per your comments trongrr-ga, in brevity, my NY license is not valid? or is in suspension mode too? till the suspension runs out in W Va. |
Subject:
Re: Driver license Snafu
From: babashagga-ga on 11 Aug 2006 11:56 PDT |
elids-ga - The arresting officer said he pulled me over because I was doing 28 on a 45 mph, which insinuates DUI. I was not asked to walk the line, follow the pen or even take a breath whatever. He took my license and registration and came back and said, please step out of the vehicle. Had me place my hand on my hood, searched me for drugs and/or weapons and then told me to turn around and then handcuffed me. He placed me in his cruiser and proceeded to search my entire car. When he was done, he called a towing service that towed my car away, I was taken to a judge, who read me my rights and proceeded to escort me to an ATM to procure funds for my fines. After paying the fines, they told me have a nice morning. If I did not have the funds, I would have spent the night in jail until through whatever means such funds would have been made available. The confusing part of this scenario is that the driving with a suspended license ticket was issued against the WVa license that I do not have anymore. |
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