Ridin' Dirty

September 4, 2006 11:47 AM

If a person has a valid out of state license and has had their in-state (lets say... Virginia) license revoked, and is pulled over driving in Virginia, if they produce an out of state license, can the police officer link this valid out of state license to the revoked in state license?

While I appreciate anybody and everybody who takes the time to read and respond to this (and every) askMeFi question, I am specifically NOT looking for criticism of the situation or the question without a constructive answer, so if you do NOT know the answer to this question and don't have anything constructive to add to the "conversation", feel free to skip this question, I've already heard pretty much everything there is to here about this situation except for the answer to the question I'm specifically asking.

posted by youthenrage to law & government (16 comments total)

So, the question is, the person had their Virginia license revoked but gets pulled over in Virginia and shows their valid Illinois license? Perhaps not the correct states, but that's what you're getting at right? I just want to clarify.
posted by MeetMegan at 11:54 AM on September 4, 2006

Yes, exactly.
posted by youthenrage at 12:01 PM on September 4, 2006

Check this out, yo.
posted by Gator at 12:04 PM on September 4, 2006

Gator - good information, thank you. What would happen if the out of state license was issued by one of the 5 states that are NOT members of the Drivers License Compact?
posted by youthenrage at 12:08 PM on September 4, 2006

youthenrage I'm thinking that the person with the revoked Virginia license wouldn't be linked to the new out of state license. Its not like your license has your social security number on it and names don't mean much (i.e. there are thousands of people with the same name).

Point is, I don't think they would ever think to query their own system to see if someone with the same name has or ever had a Virginia license. Unless, of course, the person declared their Virginia license when they got the new license. It might be on your record somehow then.
posted by jourman2 at 12:30 PM on September 4, 2006

Also, from the DLC article it seems states do share information if requested, but don't have a central database. So, again, I don't think thats a factor unless the individual with the new out of state license declared it when getting the new license.
posted by jourman2 at 12:31 PM on September 4, 2006

Ever hear of the National Driver Register?
posted by buggzzee23 at 12:34 PM on September 4, 2006

Are we also assuming that the license plate on the car is from the same state as the out-of-state driver's license (and registered to you, in the out-of-state state)?
posted by Gator at 12:41 PM on September 4, 2006

I don't think they would ever think to query their own system to see if someone with the same name has or ever had a Virginia license

Even if cops don't always check the National Driver Register during traffic stops, if the cop simply runs your name/birthdate on his Virginia computer - which seems like a fairly routine thing to do during a traffic stop, particularly if you're driving a car with Virginia plates - won't he find your revoked license at that point?

As a side note, I wondered about the related question, "How linked are state driver's license databases?" The recent heated discussion among states about the proposed national Real ID program seems to imply that state databases are not currently very well linked:

The law also demands that states link their record-keeping systems to national databases so duplicate applications can be detected, illegal immigrants caught and driving histories shared.

The logistics of that kind of sharing among widely different computer systems are horrendous, apparently.
posted by mediareport at 12:42 PM on September 4, 2006

Gator - the car could either be - registered and plated out of state in the name of the revoked driver OR could be somebody elses car, registered and plated in VA and totally legal.

mediareport - "if the cop simply runs your name/birthdate on his Virginia computer - which seems like a fairly routine thing to do during a traffic stop" that's along the lines of what I was wondering. Is it common for police to do this? If an officer did run a search like this, would the picture on the in state license come up as well? Otherwise it could possibly be played off as a coincidence I suppose?
posted by youthenrage at 12:50 PM on September 4, 2006

This is something that will likely change in 2008 once the Real ID Act comes into play. All state licenses and IDs will be forced to comply with federal standards, including one shared national ID database.
posted by fatbobsmith at 1:35 PM on September 4, 2006

Is it common for police to do this?

In my experience, no. The plate number and/or driver's license number is usually called in over the radio, and dispatch relays back the info on that plate/license.

NB: I haven't been in Virginia recently.
posted by trevyn at 1:40 PM on September 4, 2006

once the Real ID Act comes into play.

Check the link in my previous comment, fatbobsmith. It's precisely the huge unfunded mandate of the Real ID Act that's causing the debate from the states. Bottom line is that many folks think it's extremely unlikely the Real ID Act will be implemented in 2008.
posted by mediareport at 1:47 PM on September 4, 2006

I was a 9-1-1 dispatcher for several years, if a cop just runs the DL number, they will not get the pulled license, if they run by name and DOB through the new state they will not get the pulled license, however, if you are driving a car with VA plates that is registered to the holder of the out of state license? I guarantee we are going to run you by name and dob through VA and then you are caught.

The law is probably written so that if you have had your license pulled in VA it doesnt matter if you have a valid out of state, you will get arrested.

We were on the border of MI/IN so we dealt with this all the time...its just not a good idea.
posted by legotech at 4:53 PM on September 4, 2006

When you are the subject of a vehicle stop and present your out-of-state license to the police officer he/she is going to run your name and dob through their state DMV computers as well as the state from which your driver license is from.

This is standard operating procedure.

If you are revoked or suspended in Virginia it does not matter that you have a valid out-of-state license.

States will suspend the "driving privileges" of motorists who do not even posses a dl from their state when they fail to answer a summons or pay a fine.

Many states, such as New York, forbid residents from having two licenses, so that might be another issue for you if you are maintaining residency in Virginia and have two driver licenses.
posted by MLIS at 5:20 PM on September 4, 2006

I deal with this issue frequently in North Carolina as I am a criminal defense attorney. Here in North Carolina, it is very likely that the officer will check your name and date of birth. It is extremely likely that the officer will discover that your North Carolina license has been revoked. When your license is revoked, it means that you cannot drive in any state and present a North Carolina driver's license to a police officer. It also means that you cannot drive in the state of North Carolina even if you have a license from another state. The North Carolina Department of Motor Vehicles can prevent you from driving in the state of North Carolina. They cannot prevent you from driving in another state if you have another state's license. You also can be charged with presenting a fictitous license knowing it to be fictitious if you present an out of state license when you are revoked in North Carolina.

The maximum penalty for Driving While License Revoked in North Carolina is 120 days in prison. It is absolutely possible to receive that much active time if your license has been suspended for an alcohol-related reason or if you have multiple convictions of Driving While License Revoked.

I do not practice in Virginia and do not know the specifics of their laws. I would, however, be surprised if everything in my first paragraph is not true in Virginia, too. The second paragraph is just to let you know the kind of thing you might be up against. I do not know the maximum penalties nor the likelihood of receving them in Virginia.
posted by flarbuse at 6:59 PM on September 4, 2006