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a tricky question

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CRL77

Junior Member
What is the name of your state? VA

i appealed a conviction of 2nd offense DUI and refusal recently because there were procedural errors made in the case. due to JUST BEING CHARGED with DUI, i am being forced out of the military and moving to MA.

my question is: would it be better of me to get a MA license while my record is "clean" on appeal, and then have VA just suspend my right to drive in VA? or would it be better to have a VA license when/if my conviction stands? whose DUI DMV penalties would i fall under? MA or VA? and if i keep the VA license, would i be eligible for a restricted MA license when the time comes, or would i have no license since i will no longer be in VA? do MA and VA talk? if i got a MA license, would it stay clean and i just couldnt drive in VA? how is this all going to work?:confused::confused::confused:
 


sjmjuly

Member
If you were arrested in Virginia, then Virginia laws will prevail as far as sentencing goes. If convicted, your license will be suspended according to Virginia 2nd offense DUI penalties and whatever the judge imposes. What I am unsure of, is what MA may or may not impose. An attoney could answer that question.
If you get a license in MA while awaiting trial in VA, you more than likely will be issued one. BUT, once convicted of DUI, VA will suspend your license and eventually MA will be notified and your license there will also be suspended. I believe both states are members of the Driver Compact and share conviction information between them. Even though you may surrender your VA license to MA, the state of MA will be notified of the action against you in VA. You can run, but you can't hide. States have gotten very good at sharing information.
As far as a restricted license goes, I don't know if you will be granted one as this is your second DUI conviction. You really need to ask a DUI attorney in Virginia that is familiar with your situation.
 
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FlyingRon

Senior Member
The VA "administrative" suspension is only 60 days even for the second offense. Once convicted the judge can revoke the license for up to three years. It is entirely at his discretion to allow a restricted license for part of that period. I don't know what court you're up against, but up here in Northern Virginia, expect at least two months of hard suspension before a restricted.
 

garrula lingua

Senior Member
When you apply for a DL, all states ask whether you have ever had a DL from that, or any other state.
Your response is over your signature, signed under penalty of perjury.

CA certainly files felony perjury charges for an untruthful response.
Given the fear of terrorists, all states are sensitive to people receiving DLs by perjured info.

This is a perfect way to escalate a misdemeanor to a felony ...
 

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