Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drunk Driving / DUI / DWI

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-29-2009, 11:34 PM
Junior Member
 
Join Date: May 2009
Posts: 1

3 different states?


What is the name of your state (only U.S. law)? Indiana (I guess?)

I feel as if I'm in a situation maybe most people are not in (though maybe its more common than I think). My issued license is in Indiana. I was arrested for DUI in Ohio. My driving privileges will be revoked in Ohio after the court date (3 weeks). I know due to NDR and state compacts that Ohio will notify Indiana of my conviction/revocation of license.

My question is... I'm about to attend school for my PhD in Kentucky. Since I will be there for 5 years, I had thought of establishing residence there (license, registration, voting, etc). I was not going to do this to avoid a ticket or supsension (because I don't think that'd work, nor am I trying to get out of something I did).

Should I still apply for license in Kentucky? They wouldn't be able to see that my license is suspended (because it isn't, yet). However, what happens when it IS suspended. Ohio will report to Indiana because that is where my DL is issued according to the ticket, but I've already moved to KY (and will maybe have a KY license).

Will I be facing consequences if I establish residence/apply for DL in Kentucky? I know some states can cancel licenses within a month or so if something turns up....but I guess I was just curious if I should apply for a KY license or if it will only add to the trouble. Even though technically my license isn't suspended that I know of, I don't want to risk perjury or some other felony if I apply/am granted another license.


Edit: Just to make it clear, my driving abilities in OH have not been suspended yet (still have my administrative hearing). I took this as though they have not notified Indiana yet. Maybe they have which makes all this irrelevant. I still have my license in hand as of now and think I'm legally able to drive everywhere until after that hearing??

Last edited by OHtoKY; 05-30-2009 at 12:28 AM.
  #2  
Old 05-30-2009, 08:17 AM
Senior Member
 
Join Date: Feb 2007
Posts: 8,077
When things finally trickle down to Kentucky you'll get suspended there as well. Are you sure you're not already administratively suspended in Ohio? I thought they were one of the places that gave you 90 days on the spot if you refused or where over the per se limit.
__________________
Just when I think you've said the dumbest thing ever, you keep talking.
  #3  
Old 06-02-2009, 09:11 PM
Junior Member
 
Join Date: Jun 2009
Posts: 5
I second FlyingRon. You better be damn sure that your privileges in Ohio aren't already suspended.

So do that and carefully read the application in Kentucky. Here's what NY says:
"Have you had a driver license, learner permit, or privilege to operate a motor vehicle suspended, revoked or cancelled, or an application for a license denied in this state or elsewhere?"

So that would apply to automatic administrative revocations of driving privilege out of state. KY is probably similar. If you answer falsely you could be in a boatload of trouble when the revocation is transmitted to them, in addition to your license being suspended.

If you just want to establish residency in Kentucky, you can apply for a Kentucky state ID card and wait until your DUI/driving privileges are cleared up before applying for a license there.

[url=http://drlic.kytc.ky.gov/general/general.htm]Division of Driver Licensing - KY Driver License/ID Card and General Information[/url]

*An ID card must be obtained at the Circuit Court Clerk's Office in your county of residence.
*An ID card may be obtained for a person age 15 and over.
*Birth Certificate, Social Security Card and proof of residency are required.
*The cost of the ID is $12.00 and valid for four years.

If you want to get your Kentucky license, you'll have to establish and prove actual residency within 3 weeks. You will surrender your Indiana driver's license to the Kentucky Circuit Court when you apply for the Kentucky license. You will then probably have to turn around and surrender your brand new Kentucky license to the Ohio court at your court date when your privileges are suspended. If you want to know what course of action to take you should talk to an attorney.

Last edited by lawschdropout; 06-02-2009 at 09:15 PM.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:40 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.