DWAI CO moving to NY

[ndarrah]

What is the name of your state (only U.S. law)? Colorado. Moved to CO from Ny in Sept 08, got CO license, July 09 rec DWAI, awaiting hearing for "red" license. My question is I have finished my summer semester and was planning on moving back home to NY, and now with DWAI parents are insisting I move back home. I rec probation/ community service and fines for DWAI, Can my probation/ community service be transfered back to NY? and can i get a conditinal in NY if refused one in CO? What happens if I have to move before "red" license hearing?

[xylene]

RED FLAG - you cannot decide on you own to move. You need permission to move. Esp out of state.

Originally Posted by ndarrah

What is the name of your state (only U.S. law)? Colorado. Moved to CO from Ny in Sept 08, got CO license, July 09 rec DWAI, awaiting hearing for "red" license. My question is I have finished my summer semester and was planning on moving back home to NY, and now with DWAI parents are insisting I move back home. I rec probation/ community service and fines for DWAI, Can my probation/ community service be transfered back to NY? and can i get a conditinal in NY if refused one in CO? What happens if I have to move before "red" license hearing?

1. Unlikely but possible, you will need a lawyer. How long your sentence is will be a big factor.

2. That is up to the administrative judge in NY. You will not get NY credit of suspended time in CO. The answer is likely a no. There is a mandatory suspension period, need license or not. This is true in CO too.

3. If you have a mandatory hearing in CO, you would be foolish to miss it. You would be denied a license, face all kinds of hearings and maybe even be fined or criminally punished.

If you move to NY without clear written permission / answers to these questions from the CO authorities , you might be royally shooting in the foot.

It is rare when you can just move away from legal problems. Know that moving will complicate your case and probably delay the time at which you are free from court / DMV sanction.

[ndarrah]

Was already fast tracked at court. I know I will have to get permission from probation officer to move, working on that. School is over , no job, parents won't help me out if I stay in CO. In NY I have a job working in a body shop, and can fininsh my BA degree.The hearing at the department of revenue is for a "conditional" or "red" license. I filed the paper s within the 7 days. My question is if i skip getting a conditional in CO will I be able to apply for one in NY?

[xylene]

Originally Posted by ndarrah

My question is if i skip getting a conditional in CO will I be able to apply for one in NY?

I believe I answered that. No.

NYS DMV is not going to touch your license or give any NYS privileges while your CO license is suspended / revoked.

Your license is currently in such a state.

It will remain that way if you bail on your hearing, and you will probably be punished in one way or another for bailing on your hearing - esp if you have left the state without permission - which you could not possibly have if you are missing a legal hearing to do so.

The court is not going to care about you family not supporting you in CO. Your reasons for leaving CO are not as strongly justifying to the court as they may be to you. Also NY needs to agree to accept your probation. None of this is automatic and your time scale for that to happen is skewed. Weeks - not months.

Inform you family of the legal realities if you need their support. Otherwise it is a case of 'with friends like these' if they are only willing to give support that is simultaneously legally deleterious to you.

[ndarrah]

Ok but if you don't apply for a hearing with in 7 days of DUI you don't get a conditional so the hearing is not mandatory, but requested by the person losing their license. Probation is unsupervised probation.

[xylene]

Originally Posted by ndarrah

Ok but if you don't apply for a hearing with in 7 days of DUI you don't get a conditional so the hearing is not mandatory, but requested by the person losing their license. Probation is unsupervised probation.

NY is not going to care. You have a CO license that is supended for a DWI in CO.

If you go to NY with an out of state suspended license for a DWI in another state, you will not get a hardship license.

If you go to NY with a hardship license you might get an NY hardship license - but you need to understand that is a civil matter, and you are not guaranteed a NY hardship license and a hardship license is issued as a priveldege in NY - they don't have to give you one - and your CO hardship license would absolutely not entail any driving privileges in NY.

EVEN IF a court hearing is at your request - you still must go. You can't just bail because you've decide to move back to NY. It will not get you a license of any kind in CO or NY.

Probation is probation - unsupervised just means you don't report. It does aid you in getting a transfer.