International Driver’s License

[adjusterjack]

Yes, as part of the program, all au pairs have to study to get credit, by law.

This is her problem:

Section 250(5) of NY's Vehicle and Traffic Law:

As used in this section, the term "resident" shall mean
domiciliary, that is, one who lives in this state with the intention of
making it a fixed and permanent abode. It shall be presumptive evidence
that a person who maintains a place of abode in this state for a period
of at least ninety days is a resident of this state.

https://law.justia.com/codes/new-yor...article-3/250/

A presumption means that she is automatically a resident until she proves otherwise and police officers don't hold court on the side of the road.

She will have to plead not guilty and have a hearing where she can present her evidence as to non-resident status.

If she needs an interpreter she will likely have to ask for one in advance of the hearing. If she wants you as interpreter, she will have to ask specifically. Understand that you can only translate you cannot speak for her unless you are a lawyer.

[pg1067]

A presumption means that she is automatically a resident until she proves otherwise

Not quite. The presumption only exists if the person has "maintain[ed] a place of abode in [NY] for a period of at least ninety days."

The prosecution has the initial burden of proving that she has maintained a place of abode for at least 90 days. If, and only if, the prosecution can do that will the presumption arise and the burden shift to the au pair to prove that she does not "live[] in [NY] with the intention of making it a fixed and permanent abode."

[Highwayman]

Firsty, there is no such thing as an International Driver License.

Secondly, she is not a tourist, and most every judge I know would consider her a resident for license purposes. I have written this a lot and prosecuted a lot of these cases in court. Never lost one.

She should not be driving or she should get a NY license.

[adjusterjack]

most every judge I know would consider her a resident for license purposes.

As would every insurance company I know since she is a driver residing in the OP's household.

If the accident occurred in the OP's car, and his insurance company had no knowledge of the au pair, he could be in for some bad news.

[llworking]

I am not sure that au pairs can get a driver's license. You have to have an SSN to get a license and I don't believe that au pairs are given SSNs. I would guess that the agency who provides the au pairs would have some insight into the matter, because this should have come up other times in the many years that au pairs have been around.

[flyingron]

I am not sure that au pairs can get a driver's license. You have to have an SSN to get a license and I don't believe that au pairs are given SSNs. I would guess that the agency who provides the au pairs would have some insight into the matter, because this should have come up other times in the many years that au pairs have been around.

And you'd be wrong. NY enacted the "green light law" in 2019 that eliminates the need for a SSN.

[PayrolGuy]

But she is also a college student. If I came from Arkansas to NY as a college student would I have to get an NY DL.

[llworking]

But she is also a college student. If I came from Arkansas to NY as a college student would I have to get an NY DL.

For everything else college is considered a temporary absence from home, its not considered to be residential. Are you sure that college students are required to get an NY DL? What happens when they go home for the summer, do they have to get a new driver's license twice a year?

[PayrolGuy]

For everything else college is considered a temporary absence from home, its not considered to be residential. Are you sure that college students are required to get an NY DL? What happens when they go home for the summer, do they have to get a new driver's license twice a year?

That's what I'm asking. I just forgot the "?".

[Harold99]

Firsty, there is no such thing as an International Driver License.

Secondly, she is not a tourist, and most every judge I know would consider her a resident for license purposes. I have written this a lot and prosecuted a lot of these cases in court. Never lost one.

She should not be driving or she should get a NY license.

There are many videos online where folks ship their exotic sports cars here from abroad and have all their paperwork in order. The cop doesn't have a clue to its complexity and gets his *** handed to him every time.