• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can I get a new license in NY if my CA is still suspended?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

heyitsme

Member
My suspension period is over so all I have to do is pay the $$ and get sr-22. Only thing is I'm not in CA anymore. I live in NY now, have for awhile, and do not know when I will be back in ca. Prob not for a long time. I don't think I can reinstate my license over the phone or send in a check so I do not know what to do.

I still have my CA license bc cops never took it from me. If I go to NY and apply for one and give them my CA one, will they issue a NY one for me? Or will they see its suspended, even though it can be remedied, and say no?
 


OHRoadwarrior

Senior Member
They always have a clause, indicating it is illegal to obtain a license in one state, when your license is under suspension in another. You can undo the suspension, obtain a NY license and have an SR-22 filing made to CA while holding a NY license.
 

heyitsme

Member
Do you know if I can remedy the suspension, meaning pay the fine and file the sr-22 with the CA dmv when I'm in NY? Over the phone or thru mail maybe? Like I said I'm not going back to CA for a long time and really need this.

Can I have friends or family go down and pay the fine? I just don't know what to do.

In addition, I know it's illegal to obtain a license in one state when it's suspended in another, but would NY have a way of knowing it's suspended in CA? Do those two states talk electronically?
 

Zigner

Senior Member, Non-Attorney
From: http://www.nydmv.state.ny.us/license.htm#driversmoving

Drivers From the US or Canada Who Move to NYS

NYS recognizes valid driver licenses held by residents of other US states, US territories and Federal districts and Canadian provinces. If you become a resident of NYS, you must apply for a NYS driver license not more than 30 days after you become a NYS resident.

You can exchange an out-of-state driver license or Canadian driver license for a NYS driver license if the driver license has your photograph, the driver license is not suspended or revoked and the driver license:

has been valid for at least 6 months, or
has expired in the past 12 months, or
is a valid CDL and has been valid for any amount of time, and

The driver license that you exchange must show the date that your driver license was issued. The date is required to verify that the driver license was issued at least six months before you applied for a NYS driver license. If your out-of-state photo driver license does not show the date of issue, get a driver license record or letter from the state that issued the driver license that indicates the date of issue. The letter or driver abstract must have been issued by the other state within six months before you submit the letter or driver abstract to the NYSDMV. The letter or driver record must be an original and must be on the letterhead of the Department of Motor Vehicles of the other state. The letter or driver abstract cannot be a copy or a fax.

If your out-of-state driver license or Canadian driver license is suspended or revoked, you cannot apply for a NYS driver license.
You must remove the suspension or revocation and bring to a NYS DMV office a valid driver license that meets the requirements listed above.
 

BL

Senior Member
From: NYS DMV - Driver License, Learner Permit and Non-Driver Photo ID Card

Drivers From the US or Canada Who Move to NYS

NYS recognizes valid driver licenses held by residents of other US states, US territories and Federal districts and Canadian provinces. If you become a resident of NYS, you must apply for a NYS driver license not more than 30 days after you become a NYS resident.

You can exchange an out-of-state driver license or Canadian driver license for a NYS driver license if the driver license has your photograph, the driver license is not suspended or revoked and the driver license:

has been valid for at least 6 months, or
has expired in the past 12 months, or
is a valid CDL and has been valid for any amount of time, and

The driver license that you exchange must show the date that your driver license was issued. The date is required to verify that the driver license was issued at least six months before you applied for a NYS driver license. If your out-of-state photo driver license does not show the date of issue, get a driver license record or letter from the state that issued the driver license that indicates the date of issue. The letter or driver abstract must have been issued by the other state within six months before you submit the letter or driver abstract to the NYSDMV. The letter or driver record must be an original and must be on the letterhead of the Department of Motor Vehicles of the other state. The letter or driver abstract cannot be a copy or a fax.

If your out-of-state driver license or Canadian driver license is suspended or revoked, you cannot apply for a NYS driver license.
You must remove the suspension or revocation and bring to a NYS DMV office a valid driver license that meets the requirements listed above.
And further the NYS form says it can be a crime from a misdemeanor to a felony .
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top