Page 2 of 5 FirstFirst 1 2 3 4 ... LastLast
Results 11 to 20 of 42
  1. #11
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: International Driverís License

    Quote Quoting casalmatz
    View Post
    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.

  2. #12
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: International Driverís License

    Quote Quoting adjusterjack
    View Post
    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."

  3. #13
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: International Driverís License

    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.

  4. #14
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: International Driverís License

    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.

  5. #15
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: International Driverís License

    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.

  6. #16
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: International Driverís License

    Quote Quoting llworking
    View Post
    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.

  7. #17
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: International Driverís License

    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.

  8. #18
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: International Driverís License

    Quote Quoting PayrolGuy
    View Post
    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?

  9. #19
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: International Driverís License

    Quote Quoting llworking
    View Post
    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 "?".

  10. #20
    Join Date
    Feb 2020
    Posts
    750

    Default Re: International Driverís License

    Quote Quoting Highwayman
    View Post
    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.

    1. Sponsored Links
       

Page 2 of 5 FirstFirst 1 2 3 4 ... LastLast

Similar Threads

  1. Suspension and Revocation: Can You Drive on an International Driver's License if Your License is Suspended
    By Evropan in forum Driver's Licenses
    Replies: 9
    Last Post: 11-14-2017, 07:57 AM
  2. Suspension and Revocation: Can You Drive on an International Driver's License if You're Suspended
    By happyhealthy8 in forum Driver's Licenses
    Replies: 7
    Last Post: 11-04-2016, 01:11 PM
  3. Unlicensed Driving: Ticket for Driving Without a License, But Presented an International Driver's License
    By Perseusmeister in forum Driver's Licenses
    Replies: 11
    Last Post: 10-16-2015, 09:59 AM
  4. Unlicensed Driving: Cited for Driving Without a License Despite Having an International Driver's License
    By legriss in forum Driver's Licenses
    Replies: 9
    Last Post: 07-24-2015, 09:15 PM
  5. Suspension and Revocation: Effect of a State Driver's License Supsension on a Foreign Driver's License
    By Lavo in forum Driver's Licenses
    Replies: 6
    Last Post: 01-06-2013, 04:38 AM
 
 
Sponsored Links

Legal Help, Information and Resources