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Nj Dui

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cjohnse16

Junior Member
What is the name of your state? CO

I was arrested in NJ in 1999 for a dui, at that time I had a CA license and did not live in the state of NJ, was just visiting. I fulfilled all of the NJ DUI requirements and same for CA, my CA license was reinstated and is currently valid so I may drive where I may. I now live in CO and the other day, a cop pulled me over for a minor traffic offense, he told me that I could not drive in the state of CO because NJ still is not allowing me to drive ( I got rid of my NJ license in 1992) so he said that because of the "compact Law" I can only drive in CA not CO. This does not make much sense to me and I have been reading about the compact law of which CA is a compact state, my CA license is currently valid and I am able to drive with it, this I checked with CA DMV.

I did not have a NJ license at the time of my DUI so how can they suspend a license that was surrendered in 1992 because I moved to a different state (NY), the DUI incident occurred in 1999 with a CA license. NJ thinks that I had a NJ license when I received my Dui in 1999, but I clearly did not. I spoke with the NJ dmv and that is exactly what the guy said, he stated to me that the cops put down that I had a NJ license when the incident occurred, this is completely incorrect and I have the CA DMV Driver Records to prove it. My question is basically what is the policy on this and if CA is a compact state and my license is valid in CA I should be able to drive in any other state except for maybe NJ.

Please help.
 


FlyingRon

Senior Member
It's quite common to have your privilege to drive suspended in states you get a DUI in even if your license is issued in another state. Yes with the compact, you'll find that you'll run afoul of reciprocity.

You'd have found this out earlier if you'd obeyed the law and got a Colorado license when you moved to that state.

You'll need to contact NJ about getting reinstated there.
 

Fabreezai

Member
CJ-

I'm not sure if I am correct on this, but if it was me, I would first obtain a certified letter of clearance from NJ that you completed all of your requirements for you DUI there. Then do the same with the CA DMV record, make sure it's certified as well. Armed with this info, send it to the NJ DMV, again certified with a return receipt, and a letter stating what the situation is and they should be able to look up that you never had a NJ license and clear things up. Again, I'm not sure if this is correct as I do not know how the NJ DMV works but that is what I would start with. I can tell you that you have to clear this up with NJ as it is where the problem is originating from.

Good luck!
 

cjohnse16

Junior Member
I have sent NJ copies of my driving record, the first few times they responded with stickers of a change of address to put on my NJ license, which made no sense to me. they are stating that i owe them a $1k surcharge for three years, but when I spoke to the surcharge office representative and told him my situation he stated that I should not have to pay it and send it proof of my CA residency from 9 years ago, I sent in my CA driving record and stated I had just graduated college so I did not have any of that information (ie. mortgage or rent cancelled check, utility bills, etc.) I just recently sent in another letter showing my CA driving record with the NJ DUI on it, which is what they requested and explained again that I did not have any such proof of rent checks and such and that I needed such proof to obtain a CA drivers license in 1998 and that should be sufficient for them to take this surcharge off. How can I not be able to drive in CO when CA is allowing me to drive, they are a compact state and NJ never had the license to suspend my driving privelege. I was pulled over in October of 2007, two cops in the car for speeding, they knew about the NJ DUI situation and just said you need to clear that up so you can get a CO license, but never said I could not drive in CO. I think the cop who pulled me over a few weeks ago is interpreting the compact law incorrectly.
 

Fabreezai

Member
CJ-

Again, regardless of what the cops and CA DMV says, you must resolve this with NJ. As Ron said, if you live in CO you must get a Colorado license. If you live in CO you have to follow the the laws of CO not CA. So if they are telling you that there is a problem with NJ then there is a problem in NJ and needs to be resolved. I would find out exactly what the CO DMV requires from NJ (a letter of clearance, reinstatement fee, whatever) then call NJ and ask them what you need to do to resolve what ever is going on, and do so. If you want to drive in CO then this must be done. I know it sucks and it puts a thorn in your side because of what your going through and what you will go through until this is solved but you have to play the game their way so you can drive and then after you can argue with them about anything else. They are right, even if they are wrong, they are still right, although they might be wrong, they are still right. Thats the way it works, trust me I've been through it with CO myself! ;)
 

cjohnse16

Junior Member
Not really answering my question. If one cop pulls me over and just says I need to get a CO license, but doesn't say I cannot drive in CO since I have a valid CA license and then another cop pulls me over and basically defines California as a non-compact state which is concorrect (they are compact) and says I cannot drive in CO. Where does that leave me? I've been reading the compact law and all signs point to me being able to drive in CO since they are a compact state, so is CA and my license is valid in CA, NJ never had a license to take away.
 

Fabreezai

Member
I understand your frustration. First, Do you live in CO now? if so CO law is that if you live here you must have a CO license, If you are in the state of CO for more than 6 months, say working a temp job you must have a CO license, period. Again thats the way it works. As for one cop telling you one thing and another cop telling you another, thats more than likely a matter of "discretion" on the cops part. Bottom line is either one could have given you a ticket for one reason or another (and that could have opened up another can of worms) and gave you the benefit of doubt. If your residence is in CO you must have a valid CO license even though you have a valid license from CA but do not reside there anymore you are "bound" by CO law and have to follow what they say not what CA says. I know it's confusing and does not sound fair, but you don't live in CA anymore you live in CO. CA law does not apply here, If CO says there is a problem with NJ then that is where you need to start. In the eyes of CO law, technically if you are driving around on your CA license and live in CO your CA license is not valid.
 

cjohnse16

Junior Member
I still have residency in CA, I recently bought a house in CO, registered a car in CO, but still live part of the time in CA at my other residence. I've driven in many states and lived in many states where I did not have that states license, this is more technical since the state wants you to get a license so that it's easier to find you. If you get pulled over with another license from another state in a different state and your car is registered say in one state, it's merely a slap on the wrist ticket if you don't have that states license. If I have a CA license that is valid, I have residency in CA, own a house in CO and drive in CO, this should be able to happen. CA is a compact state along with CO, my license is valid from my home state and should be valid in another compact state as well.
 

Fabreezai

Member
Where is your main residence? What state do you file taxes in? Where do you receive your bills? Where do you have a bank account? If it is CO then you live there and you must have a CO license. If you spend more than 6 months in CO but don't live here you must obtain a CO license. If you get pulled over in CO and get a ticket, you'll have to go to court, the NJ thing will come up, you'll have to prove where your residency is, regardless if you have a valid drivers in CA. CO goes by what their computer says not by CA's and CO says there is a problem with NJ. If you want to take the chance and drive in CO, get a ticket, go to court, feel that a judge might site with you (but I doubt it) and dismiss the case, drive around for a while get another ticket for the same thing in CO and have the whole cycle start again, go right ahead. If you think it's headache now then it might turn into a blood clot later. If it were me I would just straiten out NJ and avoid the the cycle. I'm not trying to be a ball breaker or a hard a**, I'm just trying to help you avoid the problems that I went through with CO under the same circumstances.
 

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