I just moved to NY,
and am now a NYS resident but I have a DUI restricted license from Florida. I
want to change over my licensure, can I?
In this instance, you
can plug in any state because the answer would be the same when moving to New
York.
Can I go to the NYS
DMV, and transfer my Florida DUI license (or any out-of-state restricted
license) to become a NY restricted license?
Each
state has different criteria for granting any "limited" licensure.
Generally there is NOT reciprocity on this from state to state. In other words, states don't give credit or punishment for other states issues. They may have
to take over a felony (criminal) level of probation (community supervision and
monitoring), but asking them to take over administrative burdens is another
story entirely.
You have to be fully released from
FL DMV to obtain any other state licensure. You will eventually apply to the
NYS DMV if you are a resident. No one in the new USA can currently hold more
than one driver's license (licenses from multiple states). Having driver's
licenses from more than one jurisdiction is a thing of the past.... before
terrorism and the internet.
The more important issue
is: do you have driving privileges in NY using a Florida restricted DUI
license?
New York will likely not
recognize Florida restricted driving privileges. You could face a criminal
misdemeanor if caught driving called AUO 3rd. Aggravated Unlicensed Operation.
This is "knowingly" driving without a license or privilege. You could
argue ignorance... but it is a danger.
Florida can't grant
limited (restricted) privileges outside of FL. State to state we allow driving
on any state or foreign license. but this is if there are no outstanding issues,
and it is a full (complete) license. This is under full faith and credit
between the states in the US Constitution.
Remember, because driving
is a privilege, and not a right, the states do not have to give any privilege to
drive.
Can't New York just
take my Florida license, and give me a New York driver's license?
No, unfortunately, it
does not work that way.
You cannot just
surrender a FL restricted license, and get any NYS license because Florida
still has a hold upon driving privileges that must be
satisfied first. If FL suspended full privileges due to the DUI, and has
requirements then all must be met including having only those FL restricted
privileges for a time period.
Potentially, if a person
from out of state goes into the NYS DMV that could make things worse because it
then shows knowledge of circumstance. Things can be complicated with license
issues.
If you have questions about a DWI or DWAI Drugs case, call us: 607-229-5184
Or FInd us online! www.ithacadwi.com
www.watkinsglendwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
*Newman & Cyr is a boutique law firm in the Finger Lakes region of upstate New York focusing on DWI defense.
By NEWMAN & CYR, PLLC
Copyright 2016
DISCLAIMER: If you or a loved one is charged with a crime or ticket, we strongly urge you to consult with a local, licensed criminal defense attorney to help protect you from any possible punishment--including the loss of your freedom.
Educational use Only.
Or FInd us online! www.ithacadwi.com
www.watkinsglendwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
*Newman & Cyr is a boutique law firm in the Finger Lakes region of upstate New York focusing on DWI defense.
By NEWMAN & CYR, PLLC
Copyright 2016
DISCLAIMER: If you or a loved one is charged with a crime or ticket, we strongly urge you to consult with a local, licensed criminal defense attorney to help protect you from any possible punishment--including the loss of your freedom.
Educational use Only.