Changing State of Driver's License to Avoid Potential Suspension

[ctlocal]

Hopefully I can explain my situation and not come off as a law-dodging criminal, but I'm afraid to most it will probably appear as such. I have a driver's license issued from Connecticut, and recently received a notice requiring me to complete operator re-training (a result of my having received my second moving violation in a 36 month period). the statute further stipulates that after completion of the operator re-training, I have to keep a record clean of moving violations for a new 36 month period. if I receive a MV, the first conviction results in a 30-day license suspension, second results in 60 days and similarly on forward. Having to drive on edge for the next 36 months to avoid license suspension is not something I'd like to do. Even while driving safely, it's possible to receive mistaken traffic violations that will ultimately suspend my license for a period of time. I would like to avoid this.

I happen to work full time and go to school full-time in NY. My question centers on the possibility or impossibility of changing my driver's license state from CT to NY and the repercussions of doing such (Do I then have to have a car registered in NY? How will it affect my insurance? Etc.). If I change over my license to NY, will my license still be suspended for 30 days upon the next conviction of a moving violation even though it is a CT statute that dictates it?

I've briefly done a search on switching licenses and also how different state laws apply to similar scenarios. It seems I should be able to get a NY license as my license is not currently suspended, and if needed, I do have personally addressed mail sent to my NY address dating back almost 2 years. Additionally, from what I've read, it seems that if I receive a moving violation in CT in the future, the CT statute will still apply and I will be suspended from driving in CT (even with my NY license). Should this be true, it is much better than my current scenario because presumably I can still drive in other states and NY, and more importantly drive to work/school. Whereas if I go to the retraining in CT (keeping my CT license) and receive a MV within 36 months (whether by my own fault or an officers misjudgment), my license will be suspended and I can't drive ANYWHERE for 30 days (meaning going to work/school will be disastrous).

I hope I haven't been too confusing in explaining my situation. I also want to mention again that I have very little insight into the nuances of switching state licenses and how laws apply, which is why I'm seeking your advice! If this is possible to do, it would honestly be a load off my mind not having to deathly on edge for the next 36 months. I realize many of you will probably decide that I deserve such for being a poor driver and receiving those 2 MVs in 36 months, and I will accept it. However, what I am truly seeking here is a better understanding of my available options, and a deeper understanding of the law.

Thank you in advance for your input/help!

[cyjeff]

We will not help you to circumnavigate around the law.

Here is a hint, though. Some department of motor vehicle offices have computers. Some of those computers share information with each other. If you want a license in a given state, that state will force you to prove you live in that state. Lying to a state agency about where you live is a crime.

[ctlocal]

cyjeff I've lived in NY for almost 2 years and very well may continue to do so for several more. It is virtually my primary residence (I pay rent, bills, have mail sent there). I am there 3/4ths of the year. However, I visit "home" in CT quite often for family, and school being out in the summer happens to afford me the ability to commute to work from my previous CT residence hence more time with family.

I do not interpret any of this as illegal as where I "live" can be interpreted as either CT or NY. Now if we are talking about being a state "resident" that is different. But from what I saw, there was no requirement for someone to be a NY resident to have a NY driver's license. In short, I am not out for malice.

Although I probably haven't convinced you personally, I hope I've made my circumstances clear to those who are willing to understand and willing to offer helpful advice.

[cyjeff]

Lighten up.

You are a student. Therefore, the issue of your residency is a gray area. I will put it to you this way... where is your official polling place in the next election? Is it in CT or NY?

Regardless, let's say you establish residency in NY... you do realize, of course, that you had to get a NY driver's license within 30 days of residency, right?... anyway, why would you believe that when you present your CT license in NY that your record will not follow you?

Let's just assume that you are smarter than to think that using the "I lost my license" excuse will prevent your record from finding you (since NY will ask that you get a new copy anyway).

[CORedneck]

CT Local, at this point, you have a valid license. Since you live in NY 3/4 of the year being a college student. It would be pretty easy to change your residence to NY such as voting, paying taxes. One thing also to consider is if you own your car, it would be best to switch to NY license plates. Here are NY DMV's requirement to transfer your license at URL http://www.dmv.ny.gov/license.htm#driversmoving

However, you will need to consider the following

1. Get the driver retraining class done in CT so that way, CT does not come after you later.
2. Even with an out of state license, if you get another moving violation in CT, they may still suspend you and you will have to meet their requirements to get reinstated such as take a different class and pay reinstatement fee. NY DMV may suspend you due to the CT suspension.
3. Nice thing about NY, they don't penalize for out of state minor violations other than violations from Ontario or Quebec due to special agreement. Major violations from other states reported to NY such as DUI will cause you problems.
4. If you get a ticket in NY on the CT license, CT may still penalize you for the violation once it is reported from NY. Regardless whether you hold a NY or CT license, get a ticket in NY, they apply their points system & driver responsibility fees to you. So you may be better off with a NY license since you don't have to deal with CT anymore unless you get a ticket there.
5. Lastly, switching your license to NY may cause you problems if you then decide to go to school in CT as a resident.

Speaking from experience, I know CT is a very strict state for motor vehicle violations. The few times I have driven there, I have always seen a lot of traffic cops and even had the privilege of getting followed by a CT State Trooper for several miles !

[ctlocal]

cyjeff, I think we're both operating under different assumptions. My understanding from reading the information found here (http://www.dmv.ny.gov/license.htm#driversmoving) is that if you become a NYS resident, you are indeed required to obtain a NY driver's license within 30 days, there's no refuting that. However, I didn't see any language addressing whether or not it is required for one to be a NY resident to get a NY driver's license, and that is one of my questions (it may be turn out to be a silly one).

Second, nowhere did I state that I expected my driving history to magically disappear. Now that would be silly. I recognize that states share driver information. However, my question was whether or not the conditions of CTs statute will apply to me (or in what capacity they will apply to me) if I change to a NY driver's license. The official language of the subsection of the statute in question can be found below:

(c) Any person who is required to attend an operator retraining program shall have such requirement and the completion date of such requirement posted on such person's driving history record maintained by the commissioner. The date of class completion shall remain on such person's driving history record until such person has attained thirty-six consecutive months without any additional moving violations or suspension violations specified in subsection (a) of this section being posted to such person's driving history record. Until the completion of such thirty-six consecutive months, the Commissioner of Motor Vehicles shall suspend such person's operator's license or operating privilege for: (1) Thirty days upon a first conviction for any specified moving violation or suspension violation; (2) sixty days upon a second conviction of any specified moving violation or suspension violation; and (3) ninety days for a third or subsequent conviction of a specified moving violation or suspension violation.

I am wondering how these conditions will then affect (or not affect me) with a NY driver's license versus keeping my CT one. I know the record will "find me" , and I'm perfectly fine with that. I just want to know how these unique circumstances apply.

CORedneck, thank you for the information. I realize it would be pretty easy to change my residence, but I'm not so sure it'd be even necessary to change it to get a NY driver's license. Is it? I actually don't own my car so will that make matters easier? You make a good point about getting the retraining class done. I will do this. Thank you also for sharing your thoughts on the different possible scenarios. It seems like a lot of these things "may" happen, so my question is whether or not there is definitive legislature on how these cases are handled or if it really is a circumstantial judgement? I'm glad you agree that in any case, it may be "better" to have the NY driver's license instead of CT. This was my thinking as well. And I don't plan on furthering my education in CT at all so that won't be an issue.

I'm glad you were able to experience our notorious traffic enforcement and escape untouched! . Thank you again for sharing.

[CORedneck]

Concerning questions and comments.

1. On whether it is necessary to get a NY Driver License (DL), since you are a full-time college student, it is optional to keep your home state DL or switch to NY.

2. With no car in your name, pretty easy to switch your license if you so choose and not have to mess with car plates and insurance. You may need to update your parents insurance policy that you switched your DL.

3. In concerning It seems like a lot of these things "may" happen, so my question is whether or not there is definitive legislature on how these cases are handled or if it really is a circumstantial judgement? . You don't seem too clear. I will see if I can hit the target. The fun thing is dealing with interstate issues. CT has one set of laws and NY a different set. The key is when you give up your CT DL for a NY DL is not run afoul of CT's laws when "exiting".

One heads up that I didn't mention is if CT suspends and NY does nothing, you will encounter a problem when you need to renew your NY license or even worse, replace it after losing your billfold or it gets stolen. With an out of state suspension, it shows on the National Driver Registry (NDR) which all states have access to. When you attempt to get another NY or a different state's DL, the check the NDR for any suspensions and they see that CT has you suspended which means no license is issued until it is cleared such as serving the suspension time and paying the reinstatement fee. I will mention my wife's experience on an out of state suspension.

On CT's notorious traffic enforcement, I wondered if I was going to get stopped. This was back in 2003 when I traveled from the Canadian Maritime Provinces back to Colorado. The vehicle I drove and still have is a Jeep with big Hella lamps on the front, dark tinting including the front doors. I am sure the CT trooper ran the information through on me. I drove from CT into the SE corner of NY without having to go into NYC and then into New Jersey. They are also notorious as well. I thought I was going to get stopped there as well. I was running like 75 mph in a 65 and came across a NJ laser trap. Trooper was outside of his car and had to laugh at his uniform. Looks like something from the 1930's with the knee high boots ! Same with Pennsylvania. Ran across a radar trap but was doing 85 mph in a group of cars going across on I-80. Surprised I didn't get pulled over in PA either.

Concerning my wife's experience. This was 2005. In July she was in an accident in Indiana and held an IN DL. In September she switched to a Colorado DL like on 9/4. On 9/24 Indiana suspended her license due to lapse of paperwork related to the accident but the suspension remained unknown until later. In Oct 2006 she took a motorcycle class and then attempted to get the M/C endorsement added but Colorado wouldn't issue her a new license because of the IN suspension. They didn't suspend her CO license and it remained valid. And she didn't tell me of the problem until I was cleaning some stuff later and saw the written notice from the CO Dept of Revenue concerning the Indiana suspension. I contacted Indiana the next day and found the suspension was for not reporting if she had insurance or not and there was no insurance paperwork to prove that she had it on the date of accident. I asked what was needed to reinstate her driving privilege in Indiana. Her 90 day suspension was long past so all they needed was $150 and she was good to go. She also had 8 points against her Indiana privilege as well. We waited for several days and then she went in and Colorado issued her a new license with the M/C endorsement. Also Colorado is similar to NY on out of state tickets. As long as it is not a major like a DUI, as long as you pay off the other state it is no points, no record for out of state tickets.

CORedneck, thank you for the information. I realize it would be pretty easy to change my residence, but I'm not so sure it'd be even necessary to change it to get a NY driver's license. Is it? I actually don't own my car so will that make matters easier? You make a good point about getting the retraining class done. I will do this. Thank you also for sharing your thoughts on the different possible scenarios. It seems like a lot of these things "may" happen, so my question is whether or not there is definitive legislature on how these cases are handled or if it really is a circumstantial judgement? I'm glad you agree that in any case, it may be "better" to have the NY driver's license instead of CT. This was my thinking as well. And I don't plan on furthering my education in CT at all so that won't be an issue.

I'm glad you were able to experience our notorious traffic enforcement and escape untouched! . Thank you again for sharing.