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  1. #1
    Join Date
    Mar 2012
    Posts
    2

    Default National Driver Register Reporting Error

    My question involves a driver's license issued by the State of: MO and NM

    I recently moved to New Mexico from Missouri. While in Missouri I was cited for DWI and received an administrative alcohol suspension as a result of the arrest (later reinstated after meeting all state requirements). The charges were later dismissed completely resulting in no DWI conviction on my driving record, however the administrative suspension is still showing. When I applied for a New Mexico driver's license after moving to New Mexico, the New Mexico Motor Vehicle Division (MVD) told me that I would have to get an Interlock license due to a 2005 state law that requires all drivers applying for a new New Mexico license that have a DWI conviction after June 17, 2005 to have an Interlock license. After explaining (and later showing proof to the MVD office) that I was not convicted of DWI, they told me that their system does a check against the National Driver Register and it came back with an A90 ACD code (administrative per se: .10 BAC) with an effective date that matched my Missouri license suspension. Their system would not let them process my license request unless it was for an Interlock license. While the clerks at the local MVD office were sympathetic, they could not help much. Is there a way to have Missouri remove/change the ACD code associated with my suspension that is reported to the NDR or have New Mexico recognize that I was not convicted of DWI in order to get a regular New Mexico license? Not sure if something like a suspension can be removed after a certain number of years or not. I am currently using my Missouri license but would like to have a New Mexico license since I live here. Any thoughts or suggestions would be greatly appreciated.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Ndr Reporting Error

    The admin per se notation is not a conviction, it's an indication you were under an administrative suspension for a per se alcohol violation. You're not going to get it removed. However, you should pursue your case with New Mexico. The New Mexico statute does SPECIFICALLY address convictions under the NM statute. You should not be held responsible because: You don't have a conviction (just an admin suspension) and even your deferred conviction was not of the NM statute.

  3. #3
    Join Date
    Mar 2012
    Posts
    2

    Default Re: Ndr Reporting Error

    flyingron,

    Apprecite the quick response, I agree with you and I've Googled this thing to death and can't seem to find anything to show why NM would consider this a conviction (although 23 CFR 1327 shows an A90 code with the same name under both the withdrawl and conviction sections). The clerk at the MVD basically told me that the NM licensing system (software) is interpreting the A90 ACD code as a conviction and will not let them issue a regular license. So I'm not sure if it is an issue with Missouri attaching the wrong code (doubtful) or with the NM system interpreting the ACD code incorrectly (likely). The MVD clerk also told me she didn't even think the MVD had a specific office that deals with issues like that. I am in the process of running that down now and so far I'm not getting a warm and fuzzy. Thanks again for the insight and I will continue to run this down. If anyone else has had a similar experience or is well acquainted with the NM MVD, any help is appreciated!

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Ndr Reporting Error

    A90 is not inappropriate for what happened to you. You sound like you're going to need a NM lawyer. There's nothing MO or the NDR has done improperly here.

  5. #5
    Join Date
    Apr 2012
    Posts
    1

    Default Re: National Driver Register Reporting Error

    I am in EXACTLY the same situation with the exception of my home state being Pennsylvania. I have to wait until 2017 to skip the interlock nonesense if I don't figure this out. I would like to talk to you more about your experience and if you have learned anything else since your last post. I've never used this site before. Is there a way to privately message someone?

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