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  1. #21
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    Default Re: Can license reinstated after getting a license while suspended in another state?

    Read Article IV. Whether NY is aware or not, the license is invalid and if the crime is discovered would be charged.http://nyscriminallaws.com/vt/vehicl...section516.htm

  2. #22
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    Default Re: Can license reinstated after getting a license while suspended in another state?

    Quote Quoting Disagreeable
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    Read Article IV. Whether NY is aware or not, the license is invalid and if the crime is discovered would be charged.
    Let's look at the language of the statutes you're citing. First, Article 3, "The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee.".

    As jk already noted,
    Quote Quoting jk
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    MA is not a party to the idlc so it really doesn't matter what the IDLC states since MA does not publish their information.
    There can be no report of a suspension from a "party state" where the state in which the suspension occurred is not a party state.

    Now, Article 4:
    Quote Quoting New York VAT, Title 20, Sec. 516, Article 4
    The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for... [enumerated offenses]."
    That provision holds that a report of certain out-of-state offenses from a party state can result in the suspension of driving privileges in New York "as it would if such conduct had occurred in" New York. That is, if New York would suspend, revoke or restrick a license for the equivalent act under New York law, it is to treat the report of the out-of-state offense as if it occurred in New York. It is possible for New York to suspend a driver's license under that provision even if the offense did not result in a suspension in the other state, and it's also possible that an offense that would trigger an offense in the other state would not trigger a suspension under Article 4 due to New York's not imposing a suspension for the equivalent offense.

  3. #23
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    Sep 2010
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    Default Re: Can license reinstated after getting a license while suspended in another state?

    As I stated early on in this discussion, the interconnection of the state computers to the NDR information has yielded a lot more catching of such suspensions than has occurred so in the past. Nothing has changed since the first few responses. He's not likely getting renewed/licensed anywhere without fixing his suspension problem.

  4. #24
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    Default Re: Can license reinstated after getting a license while suspended in another state?

    Quote Quoting flyingron
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    As I stated early on in this discussion, the interconnection of the state computers to the NDR information has yielded a lot more catching of such suspensions than has occurred so in the past. Nothing has changed since the first few responses. He's not likely getting renewed/licensed anywhere without fixing his suspension problem.
    He knows that. He is in the process of taking care of the MA issue so he can get a license in VT.

  5. #25
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    Dec 2015
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    Default Re: Can license reinstated after getting a license while suspended in another state?

    Thanks to everyone who has given this thought and shared ideas and opinions. They are all valid and important perspectives. I have actually gotten interested in what the outcome will be (around January 10 he, hopefully, receives the clearance from MA). Since he hasn't had any problems/citations for his driving in 17 years, I am assuming that no red flags will come up. If there is one, it would only be the fact that he shouldn't have been granted a license from the get-go in NY 17 years ago. He never travels to MA anymore and hasn't for those years. MA wants over $1000 for the fine from 17 years ago and might just want to collect and move on. The one thing I thought might be smart is to voluntarily surrender his license in NY right away, so that when MA searches his legal record for clearance, the license in NY will be finished. I just don't know if they can be retroactive in the discovery of a mistake made so long ago. He's a good person, has worked hard, and learned a big lesson 17 years ago. Even back then, his OUI charges were "continued without finding", no one was hurt by his actions, and he spent a great deal of time in rehab. Apparently, in MA that doesn't matter - a "continued without finding" in driving intoxicated is treated as a guilty charge. It is a difficult situation and goes to show it is absolutely stupid to ever drive under the influence of anything that hinders your reaction time or attention. Punishment has gotten very severe (and probably should have for certain events), but there has to be a time for forgiveness, too. The mixed messages that the RMV/DMV send out regarding different states is almost a set-up for people to screw up, I think. Anyway, thanks to the folks who have given time and thought to this. I will let you know what happens. In the meantime, suggestions are always welcome. He might be able to stop any NY action at this point, since the RMV works slowly on it's "search". Thanks to all.

  6. #26
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    Default Re: Can license reinstated after getting a license while suspended in another state?

    Quote Quoting Ted ]Nugent
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    The one thing I thought might be smart is to voluntarily surrender his license in NY right away, so that when MA searches his legal record for clearance, the license in NY will be finished.
    Why do you imagine that Massachusetts will be searching for an out-of-state license, or that it's relevant to his Massachusetts suspension?

    Are you telling us that your friend moved from New York years ago, and has been violating the laws of his subsequent state(s) of residence by failing to apply for a license?
    Quote Quoting Ted ]Nugent
    Apparently, in MA that doesn't matter - a "continued without finding" in driving intoxicated is treated as a guilty charge.
    Your friend knew that his driving privileges were suspended in Massachusetts, and he chose not to reinstate his license. If he was subsequently driving on a New York license even after moving from New York, that would reasonably be inferred to be because he knew he couldn't get a license due to his unresolved Massachusetts suspension.
    Quote Quoting Ted ]Nugent
    The mixed messages that the RMV/DMV send out regarding different states is almost a set-up for people to screw up, I think.
    What mixed messages do you imagine to have been sent?

  7. #27
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    Dec 2015
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    Default Re: Can license reinstated after getting a license while suspended in another state?

    Just had to add one more thought/perception. I just realized one more aspect of the ongoing series of events. When my friend went to get his VT license, he was told the news about MA (from 17 years ago). He had submitted his NY license in the process of applying in VT. He received the news about the suspension in MA and was told he had to clear that up. The RMV clerk also gave him his NY license back at that time. I would think that if there was a problem, then he should not have gotten the license from NY back in hand. They would have kept it, I think. If they try to say he has been driving on a suspended license now, wouldn't that be a form of entrapment? Another level of questioning, I suppose. This is getting so complicated and laced with paranoia!

  8. #28
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    Default Re: Can license reinstated after getting a license while suspended in another state?

    Another state other than the one that has issued the license would not confiscate the physical license, especially on behalf of another state.

    What people do not understand is there is a difference between a driver's license and driving privileges. Your home state issues the physical license. Along with that there are associated privileges to drive. When that state suspends your license, the privileges are what they are actually suspended.

    When the privileges are suspended in your home state they are suspended everywhere in the USA

    Every other state has the authority to suspend driving prvileges in only their own state. Regardless of the privileges in your home state (suspended or not) the other states can suspend your privilege to drive within their state.

    In the situation at hand I suspect the condition is the privileges are suspended in MA. That means even with a "good" license and privileges issued from NY, should the guy drive in MA he can be charged with driving while suspended.

    He can drive in NY unless NY suspends his license/privileges. Unless NY suspends his privileges he is good to drive in any other states that have not specifically suspended his privileges.

    Now if the IDLC was involved things could be very different but since MA is not a party state, it isn't.

  9. #29
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    Dec 2015
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    Default Re: Can license reinstated after getting a license while suspended in another state?

    I think I confused the issue a little. What I meant by "mixed messages" is just the fact that he received a license in NY while being suspended in MA. He didn't know he was suspended until 17 years later, when, recently, he applied in VT. He hasn't been living in MA from before that time and he doesn't want to. He only recently moved to VT (about three months ago). Anyway, he went into the registry in VT without even suspecting anything, filled out the forms for transfer of licensed from NY to VT, gave them his license from NY, and received the bad news. As I mentioned, they told him the news about MA, that he had to deal with the suspension, and then gave him his NY license back. I found that kind of weird, since they told him his license was suspended in MA and knew he had an existing license in NY. Just kind of a mixed message, I think. Anyway, it's all a mess and he just wants to pay up and shut up. He is a simple guy and not too smart, but a good person.

  10. #30
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    Default Re: Can license reinstated after getting a license while suspended in another state?

    Again, VT would not have the authority to seize his NY license. They did not issue the license and it is not up to VT to determine whether NY issued a license or not.

    Since MA does not belong to the IDLC NY would not be aware of the MA suspension so they wouldn't deny a NY license.

    The only problem I see is he is beyond the point he is required to have a VT license. He needs to get his MA situation taken care of ASAP or he might end up with his VT license suspended before he gets it.

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