CA / NJ Reciprocity - CA never notified NJ - 4 years ago!

[iamroland]

I am a NJ resident. 4 years ago I was convicted of a DUI in CA. It was my 2nd. NJ was never notified and I never lost my license for that conviction in NJ (though my CA driving privileges were suspended for several months).

Soon after this (3 and 1/2 years ago) I received a 3rd DUI. This time in NJ. NJ considered it a 2nd, since they were never notified about the CA conviction, and the penalties were for a 2nd (2 years license suspension, fines, IDRC, counselling, etc).

As of now, I have paid fines to CA, but aside from that and a short time where I lost my driving privileges, I have not received any other penalties. NJ has never contacted me about this, and CA has not contacted me in almost 4 years. I feel like I may have dodged a bullet.

Can that CA conviction ever come back to haunt me, and be considered a 3rd DUI in NJ, even though technically it was my 2nd? Is there a statute of limitations on the imposition of penalties so many years afterwards? Can NJ prosecute it AS IF it were my 3rd? Can they prosecute it at all?

I have since sobered up and have not had a drink or gotten into any trouble since. I appreciate any help anyone can give me! Thanks!

 

[HighwayMan]

When you were prosecuted in NJ someone should have run a criminal history check on you which would have shown the CA conviction.

If that wasn't done, or if it did not show up for some reason, then you are probably fine. I cannot imagine this just popping up on it's own and there is absolutely no reason for anyone in the court system in NJ to go poking around for a long closed case.

I wouldn't waste time worrying about this now. Concentrate on staying on track with your drinking.

 

[sandyclaus]

I'd like to know how you managed to get a California driver's license when you are still a legal resident of New Jersey?

The California DMV says that if your have a VALID license from your state of residence, then you don't need to get a driver's license for California. However, since you did not have a valid New Jersey license (due to your DUI), you had to have lied on your California DL application in order to obtain a California driver's license here.

And if you MOVED to California, then you would no longer be a resident of New Jersey, and wouldn't be eligible to hold a New Jersey license anymore.

So which is it? Do you reside in California, or do you reside in New Jersey?

 

[Zigner]

I'd like to know how you managed to get a California driver's license when you are still a legal resident of New Jersey?

The California DMV says that if your have a VALID license from your state of residence, then you don't need to get a driver's license for California. However, since you did not have a valid New Jersey license (due to your DUI), you had to have lied on your California DL application in order to obtain a California driver's license here.

And if you MOVED to California, then you would no longer be a resident of New Jersey, and wouldn't be eligible to hold a New Jersey license anymore.

So which is it? Do you reside in California, or do you reside in New Jersey?

I see no mention of the OP having a CA driver's license...

 

[sandyclaus]

I see no mention of the OP having a CA driver's license...

Then color me confused... How would one lose their CA driving privileges if they don't have a CA driver's license? That would mean they would have had to notify NJ about the DUI, which didn't happen, and that would have affected his NJ driving privileges, NOT his CA driving privileges. Logically speaking, I think they would have had to have a CA driver's license for that to make sense.

Or am I incorrect in my thinking?

 

[Zigner]

Then color me confused... How would one lose their CA driving privileges if they don't have a CA driver's license? That would mean they would have had to notify NJ about the DUI, which didn't happen, and that would have affected his NJ driving privileges, NOT his CA driving privileges. Logically speaking, I think they would have had to have a CA driver's license for that to make sense.

Or am I incorrect in my thinking?

Yes, one can lose their driving privileges in CA without having a CA license. That's the penalty for the OP's DUI...

 

[sandyclaus]

Yes, one can lose their driving privileges in CA without having a CA license. That's the penalty for the OP's DUI...

Thanks for clarifying that for me.

 

[iamroland]

When you were prosecuted in NJ someone should have run a criminal history check on you which would have shown the CA conviction.

If that wasn't done, or if it did not show up for some reason, then you are probably fine. I cannot imagine this just popping up on it's own and there is absolutely no reason for anyone in the court system in NJ to go poking around for a long closed case.

I wouldn't waste time worrying about this now. Concentrate on staying on track with your drinking.

Thanks, I appreciate the quick response. Normally, no one would go searching around - but - I have had 2 background checks done (and a third in progress) in the past several months. One for a job, one for a firearm permit and license, and the one in progress is for the actual purchase of a firearm.

I got the job. I got the permit/license. Evidently nothing came up in either background check that would raise a red flag. I guess now I'm worried that when the NCIS check is done for the firearm purchase, someone somewhere will put 2 and 2 together and I could be screwed. And who knows what the future will bring. Suppose someone did notice this discrepancy - any chance at all that my fears will be realized?

 

[Mass_Shyster]

Since the 2nd NJ DUI has been fully adjudicated, they cannot come back and say "Oops! We meant to charge you with a third offense". That would violate double jepoardy.

 

[iamroland]

Since the 2nd NJ DUI has been fully adjudicated, they cannot come back and say "Oops! We meant to charge you with a third offense". That would violate double jepoardy.

That sounds right - but the CA offense has not been adjudicated at all. If they do find out and decide to proceed.. could the CA incident be considered a third offense?

 

[Mass_Shyster]

That sounds right - but the CA offense has not been adjudicated at all. If they do find out and decide to proceed.. could the CA incident be considered a third offense?

Earlier, you wrote

they were never notified about the CA conviction

Were you convicted in CA or not?

 

[iamroland]

Earlier, you wrote



Were you convicted in CA or not?

I was convicted in CA. I did a week in jail while in CA, lost my CA driving privileges, and paid fines to CA. But reciprocity laws as I understand them require NJ to penalize me according to their own standards. They haven't done this...

 

[Mass_Shyster]

I was convicted in CA. I did a week in jail while in CA, lost my CA driving privileges, and paid fines to CA. But reciprocity laws as I understand them require NJ to penalize me according to their own standards. They haven't done this...

NJ dropped the ball when they missed your CA conviction. There's nothing they can do about it now.

 

[HighwayMan]

... but the CA offense has not been adjudicated at all.

You need to look up the word in a dictionary. You are misunderstanding what happened to you.

 

[HighwayMan]

Yes, one can lose their driving privileges in CA without having a CA license.

Or any state for the matter.

There's a difference between driving license and driving privilege. One's privilege can be suspended or revoked by a state even though that individual is not licensed by that particular state. Happens all the time!