Question about an expired liscense and Miltary auto-extend.

[JackJ]

I was pulled over recently in Rural Virginia for speeding, I don't deny the fact I was speeding.

In the process of the stop, the officer told me that my license was expired. The expiration date is Sept 2006.

Back history, I am in the Navy and my home of residence is NY state and have been stationed in California for the last four years, I am in VA on terminal leave and was driving out to the place I will be living at. NY state has auto-extend for military personnel, basically I filled out a form in Boot Camp that was sent to NY that lets them know to automatically extend my License and I have to show my Military ID along with my NY license.

I was explaining this to the Officer that had pulled me over and I had been told I was wrong and that it only applies to those returning from overseas. I asked to speak with his supervisor to resolve the issue and the LT (he was wearing LT bars, two silver bars?) backed him up. I was told that I would not be able to drive any more and that if I was caught I would be arrested unless I could prove that what I was saying was true. I was able to find an open WiFi signal and found this on the DMV website.

Military Personnel

Important information for NYS military personnel who return from active duty that is related to the war on terrorism or the military action in Iraq. (You need Adobe Acrobat Reader®.)

Automatic Military Extension: A valid NYS driver license is automatically extended when you are on active military duty. Your driver license does not expire and is extended during your active service. Your driver license is also extended for a maximum of six months after your discharge from military service. Complete form MV-75 (Military Service Notification) to inform the DMV to update your driver record. The DMV will keep your driver record after the expiration date of your driver license.

I was told that if I found something to go to the office that he worked and show him. When I did he looked at it and told me that only applies if I live and serve in NY state and if I live elsewhere it is not valid. He also told me that the officer that pulled me over was n the opposite direction I was going and should drive out now if I wanted to get to where I was heading. I still received a violation for it and was told I could pay both over the phone or sending in payment. Would this be worth appealing in court if all I can produce is what I found on the NY DMV website. I don't think I could really do anything about the speeding violation except hopefully getting it reduced, I was clocked at 57 in a 35, and I know it is no excuse but I was pulled over shortly after it dropped from 55 to 35 and did not see the signs.


I am not sure if the stopping Officer ran my license or not, but I was pulled over in January for speeding in California and nothing came of it, I also have been able to rent multiple cars in the past years.

I could have handled my self better through out the ordeal as I got fairly flustered and apologized to both officers before I left for it.

I appreciate replies and clarification to this, it is a 2 hour drive if not more to the town I was pulled over in and wondering if would be worth my time to pursue the issue. I have since gotten a VA state license since I will be out of the Military officially in Sept.

[mobrien316]

I guess you need to get clarification on what "military personnel who return from active duty that is related to the war on terrorism or the military action in Iraq" means specifically. It sounds like the officer who pulled you over has been told that only applies to people returning from overseas. But the next line could indicate anyone's NY state license is extended automatically as long as they are on active duty.

I think one of our New York LEO's (or former NY LEO's) will be able to answer this for you. Give them a bit of time and one of them will be able to tell you what the statute is in NY. Once you find that out it really doesn't matter what VA's statute says - as far as I know every state will accept a valid license from another state unless you have been suspended in the state in which you are stopped.

[JackJ]

Pursuant to Executive Order No. 125 issued by Governor George E. Pataki, all licenses and registrations for New York State military personnel returning from active military duty relating to the war on terrorism and military action in Iraq will automatically be extended. The following information will help minimize any potential inconvenience upon their return.
This is for Military Personnel only.
Q. What happens if my NYS driver license expires while I am on active duty?
A. NYS law automatically extends license privileges throughout active military service for up to 6 months after discharge or separation. Discharged or separated military personnel may renew an expired NYS license up to two years after the extended expiration. No more than 30 months may have passed since discharge (6-month extension plus 24 -month grace period).
Active military personnel must show proof of date of entry into military service. If the NYS license was valid at any time during your military service, your license can be renewed.
A discharged serviceman must show a Certificate of Discharge, DD -214. You must have been discharged within the past 30 months. If the NYS license was valid at any time during your military service, your license can be renewed.

This is from the PDF file link.

[Citicop]

Sounds like what you have there is a good defense to the charge of having an expired driver's license.

To fight the charge and use this defense, you will have to go to court at the scheduled date and time and plead not guilty. We can't help you decide if that's something you want to do or not...

-Citicop.

[mcsap]

PA allows a resident who is on active duty stationed OUTSIDE of PA to drive on an expired license. Once discharged, they have 45 days to get a new license.

FEW officers know this and this varies greatly by state.

If it is worth your time and money , go to court. If it is hundreds of miles and dollars for you to do this.....maybe just pay it. In PA , an expired license carries no points and out-of-state tickets don't generate points either.

[Joeyd6]

You are going to be hard pressed to let NYS law get you off. It all depends. Where did you file your state income taxes for 2010, 2009, 2008 and 2007?

I am betting you filed Federal and California, and thus, by your own admittance you are now a resident of California and thus required to get a California Drivers License.

The cop is partially right.....it is for NY State residents. So if you didn't file taxes here the DMV is not likely to let you off. Additionally, you need to file a MV-75 with NY DMV, they need to get such, an dthey need to process such for it to be valid. If they had current paperwork, it would show valid in the computer. Just because you filled out the form in boot camp, 4 years ago, does not mean they got it or processed it.

[JackJ]

I have claimed NY on my income taxes for the last eight years, since 2003. I have only since claimed VA residence, and it was after I got the ticket.

If the officer is correct then the military needs to revamp what they tell us as I would have updated my license before it became an issue.

[Joeyd6]

I have claimed NY on my income taxes for the last eight years, since 2003. I have only since claimed VA residence, and it was after I got the ticket.

If the officer is correct then the military needs to revamp what they tell us as I would have updated my license before it became an issue.

Then your issue is semi-valid......if NYS had only processed yoru MV75, assuming they got it!

You issue is not with the cop...he only goes by the computer. And in NY State, if you submitted your MV-75 and DMV procesed it, it will show unexpired in the computer to six months after your date of seperation.

I would not show up in court with the paperwork and expect it to go well, as when they call NY DMV they will see you are expired.

Your real issue is why they did not send in your MV75 from boot camp. That is water under the bridge now as you probably have no proof at this point you did it other than your word which won't hold much weight. Your real issue you need to addres is with NYS DMV.

You need to conatct NYS DMV ASAP and try to resolve the issue. If you get it fixed there before court, you have a good chance. If not, well......get a license ASAP!

[DeltaV]

I don't know anything about NY law, however if it allows for an automatic extension on your license then it never would have expired in the first place if you sent in the proper paperwork. Maybe the license itself would still show it's expired, however if you ran it in the computer it would show as valid with the expiration date extended. There doesn't seem to be much point in offering such an automatic extension if it's not going to be updated in the system.

If you never sent in the proper paperwork then you really don't have an argument. You can't expect things to get done if you don't follow the proper procedures, nor can you use that as a defense when you didn't do what you were supposed to do.