Driving without a license.

[Britingermany 4]

I've just been charged with NY 509(1).. driving without a license. It's a traffic Infraction. Will this affect my AOS status?

I have a valid UK license.

I entered the US in March, on a K1, married, applied for AOS (including AP and EAD) at the end of March.

When I went to the NJ DMV they said until I had EAD I could not apply for a NJ license and could use my UK license (I was effectively in limbo once married as the K1 is then finished).

However driving back from a stay up in NH, I was stopped by a NY state trooper and charged with this, even though I showed my valid UK license at the roadside.

Has anyone had any success wiping this out? Having it dismissed?

By coincidence my EAD was granted whilst we were away, the day after we left, so on return to NJ that night the EAD was waiting in the mail box.. so I can now start the process of obtaining the license.

Edited June 19, 2014 by Britingermany

[kcros 0]

I would definitely try to fight that one in court. Have you filed an appeal yet? It's all over New York's DMV website that it's perfectly legal to drive there with an international license so it's not like you happened to drive through a state that has a different law regarding it.

[Britingermany 4]

Not yet, it literally just happened.. we have 48 hours to plead not guilty.. and then it has to go to court.. or I can plead guilty and have 2 lines to explain why in the hope I get a lower fine..

But as I'm convinced I'm not guilty (I've driven many times in the US on my UK license as I've worked here on and off of years), I really don't think I should. I have tried to be compliant, I even asked to get something in writing from the clerk at the NJ DMV who said I was OK on my UK license, but she there was no need...

[Pinkrlion 2,722]

There's a difference between an international driver's license, and the license from your home country. Also, NJ said it was OK for you to drive there, but you were driving in NY (different state laws).

My husband obtained his international driver's license before he left, and it was free to obtain, and he drove with that here.

Hope that you are successful, most likely you will be able to get out of it. You will most likely need to get a traffic lawyer.

[Britingermany 4]

No, you are talking about an international drivers permit… that isn;'t a license. A UK license is fine. I've worked in the US for many years for a few months at a time and hired countless cars, I've also been caught speeding a few times in those years and never had an issue before with my UK license as it is in English.. an international permit is just a translation of your license, so unnecessary if you have a English language license.

I know there are different rules in each state, and the rules in NY clearly state you can drive on a foreign license as long as you are not resident there for more than 30 days and have a valid license. In NJ (its one of the hardest states to get a license in) they say you can drive on a foreign license and as long as you are not visiting for more than one year, and don't have an EAD.

I'll go to the NJ DMV today and see what they say.

[jfgk1987 303]

I doubt it will affect your AOS, it really shouldn't because they don't care about traffic tickets unless they're unpaid (edit: or over $500). That state trooper was a douchebucket! Your UK license should have been sufficient.

Edited June 19, 2014 by jfgk1987

[novedsac 355]

Should plead not guilty and have the ticket dismissed.

While waiting for a court date, get your NJ license as soon as you can.

Then you can show the timelines of what transpired and that you did everything you were supposed to in a timely manner. Not sure about NY, but some jurisdictions allow you to present evidence via mail and they may dismiss without an appearance. You have a good chance of having it dismissed.

Even if guilt, I don't believe it will matter much for AOS.

May impact your insurance premiums for awhile though.

[Kiwinyc 62]

Totally agree with the others you should never have been ticketed. Plead not guilty. The ticket should be dismissed as you have broken no laws.

[rlogan 2,036]

There isn't such a thing as international driver's license. The firms that market them are doing translation of your home country driver's license. There are treaties with various countries that allow you to use your home country license. As a treaty, it is the highest law of the land - above that of state laws. A state judge can still rule against you - he isn't going to lose his job by being overturned if you pursue it in federal court.

But most likely they will honor the treaty.

[blk 87]

No, you are talking about an international drivers permit… that isn;'t a license. A UK license is fine. I've worked in the US for many years for a few months at a time and hired countless cars, I've also been caught speeding a few times in those years and never had an issue before with my UK license as it is in English.. an international permit is just a translation of your license, so unnecessary if you have a English language license.

I know there are different rules in each state, and the rules in NY clearly state you can drive on a foreign license as long as you are not resident there for more than 30 days and have a valid license. In NJ (its one of the hardest states to get a license in) they say you can drive on a foreign license and as long as you are not visiting for more than one year, and don't have an EAD.

I'll go to the NJ DMV today and see what they say.

Hi,

How is NJ one of the hardest states to get a licence in ??? As I had no problem, I only had to do the Eye test & knowledge test & they wavered the driving test as I had a full UK licence.

[Britingermany 4]

because of the id needed… the 6 points… plus residency.. on a k1 after marriage you are in limbo.. in other states you can get one much quicker..