 |
| Great 80's movie! image courtesy of wikipedia.org |
FEDERAL TRACKING OF YOUR LICENSE:
The National Driver Registry
This is an excerpt from our free ebook, "Everything You Need to Know About a NEW YORK DWI and Your DRIVER'S LICENSE," by Attorneys Mike Cyr and Larry Newman.
viewpoint of the same situation may depress or elate you. Laws, rules, and
statutes come in different varieties and levels. We have Federal laws, State laws,
and local (municipal) laws. In fact, you may be brought up on charges across the
board (all three) in some cases. Sometimes violations are segmented (isolated to
one area), sometimes they may spill over into multiple jurisdictions.
The Feds and Federal Law
The old expression, "are you making a Federal case out of it?" refers to the
complex, harsh, and conservative Federal (government) regulations. Bringing a
claim in Federal Court or being brought to a Federal Court (IRS, FBI, NSA) on
criminal charges is not fun. Federal cases and potential Federal influence must
always be considered with any state criminal or even non-criminal charge.
Federal Influence on New York State Traffic (i.e. speeding) Violations
National Driver Registry (the NDR) and Federal law, 23 CFR 1327.5(b)(1)
They (any state) will eventually find out about any outstanding traffic offenses in
any other state, upon either your application for a driver's license or your renewal
of a driver's license.
What is the NDR?
The National Driver Register (NDR) is a computerized database of information
about drivers who have had their licenses revoked or suspended, or who have
been convicted of serious traffic violations such as driving while impaired by
alcohol or drugs. State motor vehicle agencies provide NDR with the names of
individuals who have lost their privilege or who have been convicted of a serious
traffic violation. When a person applies for a driver's license the state checks to
see if the name is on the NDR file. If a person has been reported to the NDR as a
problem driver, the license may be denied.
Remember, any untaken care of traffic violations will default to a license
(privilege) suspension in New York State. This is not a maybe, it is a fact.
License = a privilege to drive in that state (whether you have a license there or
someplace else).
How it (NDR) works:
When a person renews or applies for a driver's license in any state the MVA
(Motor Vehicle Association) must check to see if the name is on the NDR
Problem Driver Pointer System (PDPS) (as required by federal law--see 23 CFR
1327.5(b)(1))
All Motor Vehicle Associations must check you under Federal Law 23 CFR
1327.5(b)(1).
*The state that gave you any license "privileges" only has jurisdiction/authority
over your "privileges" in that state, but if you drive in any other state during that
time (of driving), you have an assumed driving privilege in that state.
KEY TAKEAWAY:
Violations, even non-criminal offenses, can have a long and deep Federal impact
upon your life: whether that is your ability to complete your education, your ability
to drive a car, and/or your ability to get a job.
In New York State, a driver's license (or privilege) can be suspended for many
different reasons. Remember NYS can ONLY suspend privileges of Out-of-State
holders, they can't suspend your home state license, only your home state can
do that.
By Attorney Mike Cyr and Larry Newman
CALL US: 607-229-5184
Email: mike.ithacadwi@gmail.com
COPYRIGHT CYR & ASSOCIATES 2015
www.ithacadwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
