Sunday, September 2, 2012

Out of State License Holders with Delaware DMV, and New York DWI



The world is not so simple a place as it used to be. Homeland security, iphones, internet, and a culture of continual, fast change. People move all the time. Re-location is a given. You start in NY and wind up in California. You begin as an accountant, and then manage a rock band.

Multiples and Changes

In my life, my wife has a CPA, and a Nursing degree, I have a Doctor of Chiropractic, a Post Graduate in Acupuncture, and a law degree. I also have licensure in four states (NJ, PA, NY, and FL). We have lived, worked, and practiced in all these places. I am not telling you this to brag, believe me life would be far easier (less hectic) without all this change. But we believe (as many) that keeping it moving is exciting.

You could stay single, not have kids, keep one job or profession, buy one house, never move, never travel, and you would be very stable and safe but that (to me) sounds boring. All the moving about and changing does require planning and strategy. Moving state to state requires changing over licenses, titles, schools, and paperwork it can all be a confusing and dangerous mess.

Being Good at Change

What my wife and I are good at is moving. Even with four kids in tow, we can pack up a house in a matter of weeks. We can completely organize and facilitate change at the drop of a hat.

So what does all this have to do with today's blog? 

I have clients with
New York problems but holding out of state licenses. Many people never change their cell phone numbers, and sometimes do not change their driver's licenses either. It is not uncommon to meet people with car plates from one state, a license from another state, and a "permanent" home someplace else. People move about and rent but ultimately they still feel they live (reside) back home.

Because whether or not they hold license in another jurisdiction, I usually have to deal administratively (license) with their cases whether they are facing violations and/or criminal misdemeanors. Dealing properly and completely with DMVs in multiple states becomes a necessity.

The Horse's Mouth

The old expression hearing directly from the Horse's Mouth could not be any more true than dealing with the DMV (any DMV). Their rules may be confusing, convoluted, and frustrating. Which thing has reciprocity, which thing needs to come first, what do we need to do, when do we need to do it? Many questions that will integrate with multiple state agencies. A great big OMG!

Throw in criminal issues with a court of law, and you have a recipe for disaster. A disaster me and my clients wish to avoid at all costs. If you do the wrong thing at the wrong time it can cost you your privilege to drive. Remembering it is, in fact, a privilege, NOT a right to drive as many carelessly assume. Because of all of that, the administrative proofs, hearings, and paperwork can be murky waters.

I do best contacting the DMV directly. Asking the right questions goes beyond their state and may include how they will interact with New York State.

NYS DWI with a DE Driver's License

I recently had been retained by a girl from Delaware. First, I am not licensed in Delaware. I do not know or am I going to counsel in Delaware law. But I do have a NYS DWI to contend with with NYS DMV license issues, and since my client has a DE license it is important to know what DE DMV is going to do.

Three things to integrate and fix:

1. NYS court problems
2. NYS Department Motor Vehicles problems
3. DE Division of Motor Vehicles problems (we have a Department while they have a Division)
Maybe you need a Dept. to deal with 20 million people vs. 650,000?

NYS suspends NYS privileges. NYS Court requires drug/alcohol evaluation. NYS DMV will require NYS DDP (drinking driver program). NYS court may want VIP (victim impact panel). What about Delaware DMV? Delaware driving privileges? Delaware conditional license for work/school?

I first call multiple DE DUI lawyers, NO help this time. They are as confused as I am, not a good place to be. So I call the DE DMV, they turn out to be wonderful and helpful.

NOW DE DMV has a license suspension on first time DWI (anywhere) with NO conditional privileges. BUT I find out that my client can "self admit" to their 3 month drinking driver program. My client can begin to do this before even NYS Court is done. The DE program will probably be accepted by NYS and the NYS DMV (as in reciprocity).

My client can in fact kill two birds (two DMVs) with merely one stone. A win-win all the way around. What if we did not coordinate the timing of events in NYS Court? What if we did not discover all this vital information early in the game? What if we did not do the DE program till after?

Potential Consequences of NOT Knowing

License suspension with NO conditional (for work) privileges. Believe me it is NOT good to be without your own car. Perhaps conditions (evaluation and program) to meet requirements for NYS court and the NYS DMV after a return to DE that could have been accomplished during the interim.

Disclaimer: Always check with your own state DMV and/or local counsel to discover what you need to do to fulfill their requirements for re-licensure. Do not guess, or wing it.

Here is the DE DMV site links

http://www.dmv.de.gov/services/driver_services/driving_courses/dr_crs_alcohol.shtml

http://www.dmv.de.gov/services/driver_services/faqs/dr_faq_di.shtml


         Lawrence (Larry) Newman, D.C., J.D.
Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850
607-229-5184