License in new jersey. Got a DUI on 10-08-01 in nj. Got .a second DUI in Pennsylvania on 11-28-2010. PA case still not resolved

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What state should I try to get a Driver's License in - New York or Michigan. Only the 1st DUI appears on my NJ License and it is still valid and I am driving waiting to take care of the PA DUI?

4 Attorney Answers

Best Answer
I'm not going to speculate what you hope to accomplish. You should get a drivers license in the state in which you reside. I can't speak for Michigan but NY will ask you if your license has ever been suspended in any other jurisdiction. I don't think you'll be able to hide your record.
Best Answer
My understanding is that the listed states are within the sharing group of states that report each other driving records, suspensions and revocations. I am certain the eventually the information will be shared. Try to call the Secretary of State in New York and Michigan and ask basic, general information on data sharing with New Jersey and Pennsylvania.
Best Answer
The Pa. DWI would be a second DWI as NJ counts them. (two year suspension). The NJ "step-down" requires 10 years from date of event to date of event. I do not know how Pa. counts them. This may be considered a first there. NJ and Pa. are members of the interstate compact and will report a DWI conviction to the other. Your NJ license is still good because you have not been convicted in Pa. and are not suspended there. Some States like NY and Pa. give conditional licenses to drive to work. NJ does not. Again I do not know NY law and if this applies to second or if NY would consider this a second. Same for Michigan. But both States are members of the compact. I believe 3 or maybe 6 States are not. I know Ga. does not suspend on a first NJ DWI but I believe that has more to do with the lack of jury trials in NJ. You would have answer questions about pending suspension cases if asked but can get a license in any State in which you establish residency if you meet their requirements.
Best Answer
Both PA and NJ will treat it as a second offense, assuming PA finds the first offense from 2001. PA will suspend your PA privileges for up to 18 months depending on the blood alcohol content. NJ will suspend your NJ privileges for 2 years. If you are attempting to secure a license in another state, Michigan would be the best option to attempt it because it is one of the few states that is not a member of the Driver's License Compact. However, be aware of a few things: 1) You must obtain the license before any suspension in PA, 2) Michigan may still find out about a PA conviction through the National Driver Register and revoke your license in Michigan (because Michigan law permits a reciprocal suspension) and 3) if successful in getting a license from another state, that new license will not permit you to drive in a state that has suspended your privileges (in your case that is likely to be PA AND NJ if you are convicted). Good luck.
David Bradley
Bradley Law Firm, LLC

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