Have Utah License, but cited for 'suspended license' in California

[Edison in CA]

My wife had her California driver license suspended a few years ago due to a tax bill we are fighting with the FTB.

Prior to the suspension, we started the process of establishing residency in Utah, where she obtained a Utah driver license. Recently she was pulled over for speeding in California, and was also cited for 'driving with a suspended license' (criminal misdemeanor) eve though she has a valid Utah license. How should we go about resolving this?

 

[Silverplum]

My wife had her California driver license suspended a few years ago due to a tax bill we are fighting with the FTB.

Prior to the suspension, we started the process of establishing residency in Utah, where she obtained a Utah driver license. Recently she was pulled over for speeding in California, and was also cited for 'driving with a suspended license' (criminal misdemeanor) eve though she has a valid Utah license. How should we go about resolving this?

http://www.dmv.org/ca-california/suspended-license.php

"While your license is suspended, you are not permitted to drive. If you are found driving with a suspended license, you may be imprisoned for up to five years, and/or the length of your suspension may be increased." http://www.dmv.com/ca/california/suspended-license

rolleyes

 

[Zigner]

My wife had her California driver license suspended a few years ago due to a tax bill we are fighting with the FTB.

Prior to the suspension, we started the process of establishing residency in Utah, where she obtained a Utah driver license. Recently she was pulled over for speeding in California, and was also cited for 'driving with a suspended license' (criminal misdemeanor) eve though she has a valid Utah license. How should we go about resolving this?

She'd better hope that Utah doesn't find out about the suspension.

 

[Edison in CA]

But she has a valid Utah license, and is driving with that.
We assumed she could drive anywhere in the country with such a valid license?

 

[Silverplum]

But she has a valid Utah license, and is driving with that.
We assumed she could drive anywhere in the country with such a valid license?

Why would you assume that? It's contrary to all the available facts.

 

[Zigner]

But she has a valid Utah license, and is driving with that.
We assumed she could drive anywhere in the country with such a valid license?

Don't count on her Utah license being valid for too long.

 

[Edison in CA]

I'm trying to understand the situation and issues, for which glib posts aren't helpful.
The "available facts" are simple.
if indeed her Utah license was valid - at least at the time of the citation - then presumably it allows her to be driving, and thus she is technically driving with a valid license. Whether or not Utah suspends her license at a later date is a separate issue.
If her Utah license was also suspended without her knowing about it, then the 'driving with a suspended license' citation makes sense.
Either way, we may need to hire an attorney.

 

[Silverplum]

I'm trying to understand the situation and issues, for which glib posts aren't helpful.
The "available facts" are simple.
if indeed her Utah license was valid - at least at the time of the citation - then presumably it allows her to be driving, and thus she is technically driving with a valid license. Whether or not Utah suspends her license at a later date is a separate issue.
If her Utah license was also suspended without her knowing about it, then the 'driving with a suspended license' citation makes sense.
Either way, we may need to hire an attorney.

You could READ the legal info I posted. You could hire an attorney to explain to you that you cannot "shop" for a state to give you a new drivers license.

We won't be throwing you a pity party.

 

[ShyCat]

I'm curious, how did your wife answer these questions on the Utah license application?

Do you now have, or have you ever been issued, a driver license by another
state, country or province? If yes, list states/countries/provinces:
____#_________Exp. Date______ ____#_________Exp. Date______


In the last 10 years, has your driving privilege been suspended, revoked,
canceled, denied or disqualified? If yes, State:____ #________________
Why_______________________________________________________
​

 

[Edison in CA]

You could READ the legal info I posted. You could hire an attorney to explain to you that you cannot "shop" for a state to give you a new drivers license.

We won't be throwing you a pity party.

Not looking for a pity party, just understanding - and I read through the entire link you posted.

The question (at least in my mind) is, if the Utah license is valid, does that negate the 'driving with a suspended license' citation?
Though it may be immaterial, I'm trying to understand why.

 

[Zigner]

I'm curious, how did your wife answer these questions on the Utah license application?

Do you now have, or have you ever been issued, a driver license by another
state, country or province? If yes, list states/countries/provinces:
____#_________Exp. Date______ ____#_________Exp. Date______


In the last 10 years, has your driving privilege been suspended, revoked,
canceled, denied or disqualified? If yes, State:____ #________________
Why_______________________________________________________
​

The OP indicated that, at the time of application in Utah, his wife's California license wasn't yet suspended...

 

[Zigner]

Not looking for a pity party, just understanding - and I read through the entire link you posted.

The question (at least in my mind) is, if the Utah license is valid, does that negate the 'driving with a suspended license' citation?
Though it may be immaterial, I'm trying to understand why.

The "why" is because your wife's California driving privileges are suspended. It's really that simple.

 

[Edison in CA]

The OP indicated that, at the time of application in Utah, his wife's California license wasn't yet suspended...

Correct - on the advice of an attorney.
There was no guarantee that it wouldn't also be suspended (however that works between states) but as long as the license is valid, presumably she is free to drive anywhere... but apparently not in California!

 

[Silverplum]

One driver, one license, one record: http://traffic.findlaw.com/drivers-license-vehicle-info/valid-license-in-one-state-but-it-gets-revoked-in-another.html

http://apps.csg.org/ncic/Compact.aspx?id=56

 

[Zigner]

Correct - on the advice of an attorney.
There was no guarantee that it wouldn't also be suspended (however that works between states) but as long as the license is valid, presumably she is free to drive anywhere... but apparently not in California!

In other words, the "move" to Utah was designed to avoid the repercussions of failing to pay taxes. Your assumption is incorrect (as you were told above.) Her driving privileges are suspended in CA. I don't know why she'd think otherwise. If the attorney really told you that, then I'd go back for a refund (at a bare minimum).