Saturday, February 1, 2014

Ithaca DWI Lawyer The Truth About The Interstate Driver's License Compact and NDR

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One thing that I love about the internet is the ability to quickly and thoroughly research. As a lawyer I love language, what words mean, and understanding how things work. So when I encounter interesting information that is not well organized or well understood I see it as an opportunity to clarify.

The Interstate Driver's License Compact

So many attorneys state to state love to look and see if their state or the one their client was arrested belong to the Interstate Driver's License Compact.  Dinosaurs and the Interstate License Compact have a lot in common. Both have had their time, and unfortunately it has passed. Forty Five states (except GA, WI, MA, MI, TN) belong to the compact and share information about problem drivers (tickets, points, DUI/DWI) BUT the new database for problem drivers is NDR (National Driver Registry).

The Pecking Order
United States Government >

DOT (Department of Transportation) >
NHSTA (National Highway Traffic Safety Administration)>
NDR (National Driver Registry)

The NDR is a Repository for the Government.

A repository is a storage place. It holds records. The state DMVs then deposit in this federal repository. Very simple,  if you get a DUI/DWI/DWAI then your state DMV will report it to the federal repository.
Convicted of either a serious traffic offense (could be criminal or non criminal) OR a DWAI/DWI/DUI (could be criminal or non criminal) then it will be reported (deposited) into the National (Federal) database.

Under Federal law the state agency (DMV) also called the SOR "State of Record" that issues any license suspension, revocation, or license denial must report to the NDR within 31 days of the date they receive the Court conviction.

Convictions Don't Have to Be Criminal

Do not confuse conviction with anything criminal. You can be convicted of a criminal or non-criminal offense. Anything (any conviction) that effects a license is reported. In the world of licenses this is merely word play.

Any state that records that you have outstanding action or lack of compliance with a state/Court mandate:

such as: payment of fees, surcharges, assessments, failure to install an ignition interlock device, failure to complete drug/alcohol assessment/evaluation, or program can place a hold on your license privileges in that state which will then affect your ability to drive (have privileges) any other state

If You are unsure of where (what state) or what (type of hold) is holding you back from either getting or renewing a driver's license:

You Can Get Your NDR Record for FREE

1. Notarized letter requesting NDR file
2. send to

National Driver Registry
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590

3. Full Legal Name, DOB, height, weight, eye color, driver's license number and state (SS is optional)

If you find an issue, you have to take it up with the state of record (SOR) NOT the NDR, remember the NDR is merely the repository.

Any change to the NDR must take place after your state DMV contacts them and fixes it.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 plus years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 490 blog posts, dozens of articles, and over 470 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.