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North Carolina DUI, California License: problems 8 years later

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Solipsist

Junior Member
Hello. My Wife was arrested for a DUI in North Carolina in 2004. She was a resident of NC at the time but she grew up in California and was using her California license at the time of arrest. She pled guilty, completed all the classes, paid the fines, and according to her lawyer in Raleigh, all was good. After moving out of the country for a year, we moved back to California in 2007 and we were married in 2009.
In late 2010, she received a letter from the California DMV saying her license was suspended due to the DUI in NC. She sent the letter to her lawyer in North Carolina, and was told he would take care of it. In late 2011, she went in to the CA DMV to register her car and they told her her license was suspended. They had her sign a piece of paper saying she understood but they did not give her a copy of the paper or take her license away. We checked the CA DMV website and it shows her license suspended but gives little other information.

She has been calling the CA DMV to find out what she needs to do to take care of this (more classes, fines, etc.) but they will not give her any information. The lawyer in NC has been unresponsive. She works three jobs and drives at least 50 miles a day, six days a week so I'd like to take care of this before she gets pulled over. I'm sure we'll have to get a lawyer here in California, but we're not sure where to start. Any guidance would be greatly appreciated. Thank you.
 


FlyingRon

Senior Member
Oh, what a tangled web we weave when first we practice to deceive.

She'll need to go through the reinstatement process in California, that is bring an SR-22 (proof of financial responsibility...check your insurer) and pay the reinstatement fee to the DMV ($125 might be higher these days).

If NC still has her flagged in the NDR in NC, she'll probably have to get the NC lawyer (or someone) to check to see why the NC DMV didn't clear her record.
Hopefully somewhere in all her paperwork she has her NC customer number that was issued to her when she was taking the DUI class in NC.
You can call the NC DMV automated line 919-715-7000 to check her status in NC.

She's going to be a world of hurt if she gets stopped for driving under suspension. There's mandatory jail time involved.
 

Solipsist

Junior Member
While I'm confused why you would think she was intentionally lying at any point, I greatly appreciate your advice and thank you.
 

arsenic

Member
While I'm confused why you would think she was intentionally lying at any point, I greatly appreciate your advice and thank you.
You will see from many of the posts that moralizing and trivial "advice" is the order of the day, not to say that this is happening here. This is a free site, and very few lawyers or other experts actually post.

Since I am as "expert" as 90% of the people here, here goes:

Your wife has to clear her record with NC before CA will do anything. Since your current NC lawyer seems to be ineffective, you should consider a new lawyer - preferably one with DUI expertise. I am not sure how a CA lawyer will help until the NC record is cleared.

The penalties for driving on a suspended license in CA are severe: mandatory 30-day impound of the car, new one-year suspension, fines, jail + work-project. It is easy for posters to say "well, just don't drive", but for many people driving is absolutely necessary to maintain a job and they have to weigh the benefits/risks.
 

FlyingRon

Senior Member
While I'm confused why you would think she was intentionally lying at any point, I greatly appreciate your advice and thank you.
Why did she not get a NC license when she was living there was all I was getting at? Out of state DUIs are a bitch.

And ARSENIC what do your gratuitous insults or anything you said contribute to the issue. You gave even LESS useful information than I did.
 
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Solipsist

Junior Member
She was in college at the time and while her car was registered in NC, she just never switched her license. It would have made things a lot easier if she had.

Anyways, thank you both for your advice.
 

FlyingRon

Senior Member
She was in college at the time and while her car was registered in NC, she just never switched her license. It would have made things a lot easier if she had.

Anyways, thank you both for your advice.
The customer number should also be on the registration paperwork if she still has that as well.
 

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