Unlicensed operator VTL 509 yet she has license

[donkort]

Nassau County, NY

My wife was pulled over. She produced an expired NY State license because she was nervous. She actually has a valid NY State license. She was charged with VTL 509. Do you believe the case will be dismissed when the court does a license inquiry?

Thank you

 

[Ohiogal]

Nassau County, NY

My wife was pulled over. She produced an expired NY State license because she was nervous. She actually has a valid NY State license. She was charged with VTL 509. Do you believe the case will be dismissed when the court does a license inquiry?

Thank you

Why did she not relinquish the expired license when she got the new one? How does she have more than one driver's license? And no, I don't believe the case will be dismissed necessarily.

 

[FlyingRon]

You don't have to "relinquish" a license on renewal in NY. You can do it online. There is a vision test, but you can get it done at an eye glass place or even many pharmacies. They'll mail you the new one based on the photo they have on file for you. You keep your existing one until the new one comes in. It's advisable to destroy the old one lest you leave it lying around somewhere that your identity can be stolen with it. Driver's license ID numbers have become the DEFACTO id info for online banking since evertybody got hypersensitive about SSN. You'd have less risk losing your social security card.

 

[Zigner]

Why did she not relinquish the expired license when she got the new one? How does she have more than one driver's license? And no, I don't believe the case will be dismissed necessarily.

I disagree. VTL 509 only says that she has to be licensed. If she can prove that she was licensed at the time of the citation, then it should be dismissed.

VTL 509 also speaks to a driver only holding one unexpired license at a time. It doesn't say there is any restriction upon having an expired license and an unexpired one.

 

[Ohiogal]

I disagree. VTL 509 only says that she has to be licensed. If she can prove that she was licensed at the time of the citation, then it should be dismissed.

VTL 509 also speaks to a driver only holding one unexpired license at a time. It doesn't say there is any restriction upon having an expired license and an unexpired one.

My mistake. NY is odd in that respect. I retract.

 

[Wyntyr]

Did she have the new license on her person at the time?

 

[Zigner]

Did she have the new license on her person at the time?

Irrelevant (in this instance.)

 

[FlyingRon]

My mistake. NY is odd in that respect. I retract.

Actually the only odd part is the rules for the eye test. There are many states including California, Virginia, Tennesee, Maine, and DC permit it.

 

[Wyntyr]

Irrelevant (in this instance.)

Surely the officer would have mentioned the license's expiration date. If she had it on her person at the time then why didn't she simply present the new one and clear up the confusion? At some point during her interaction with the officer, she must have realized that she had handed him the expired license.

That's why I'm wondering if she had accidentally forgot to switch it out or something.

 

[donkort]

Thank you.h

 

[Zigner]

Surely the officer would have mentioned the license's expiration date. If she had it on her person at the time then why didn't she simply present the new one and clear up the confusion? At some point during her interaction with the officer, she must have realized that she had handed him the expired license.

That's why I'm wondering if she had accidentally forgot to switch it out or something.

It is irrelevant to the question and to the charge.

 

[davew128]

My mistake. NY is odd in that respect. I retract.

Why is that odd? I only had to personally appear once every 10 years in Mass, and yet to do so in CA for a renewal. Did it online, appeared in the mail...however long it took.

 

[davew128]

It is irrelevant to the question and to the charge.

Not really if she had it with her and simply gave him the expired one by mistake. If an officer comes back to the car with a ticket for an expired license, and person with a triple digit IQ would say hey wait, I made a mistake here's my current license. Now why someone would even carry an expired license in this situation is another matter entirely.

 

[Zigner]

Not really if she had it with her and simply gave him the expired one by mistake. If an officer comes back to the car with a ticket for an expired license, and person with a triple digit IQ would say hey wait, I made a mistake here's my current license. Now why someone would even carry an expired license in this situation is another matter entirely.

It is irrelevant because so long as the OP had a valid license at the time, the charge should be dismissed. It matters not why she didn't produce it during the stop.

 

[davew128]

It is irrelevant because so long as the OP had a valid license at the time, the charge should be dismissed. It matters not why she didn't produce it during the stop.

Not talking about the dismissal, talking about anybody with a triple digit IQ AT the stop, and avoiding the ticket and court appearance altogether...