Monday, April 10, 2006

Violations and out-of-state records

One issue for speeding ticket cases (and other traffic tickets as well) with out-of-state drivers is how the result will show up on the driver's home state record.

It is a widespread impression that non-moving violations do not transfer to other states. So far I've seen no evidence to the contrary.

Sometimes we are unable to get non-moving violations for our clients, but we are able to get non-speeding violations. The most common reduction we get besides non-moving violations is § 1110(a) - failure to obey a traffic control device.

It has been my impression that these never show up on another state's record. I have seen dozens of records from other states and never seen anything from other states show up except speeding violations. I've even had Troopers tell me that they don't transfer to other states.

But now I've seen one. Below is a scan of a West Virginia record (client name, address, etc. omitted), and it has an 1110(a) from NY on it. I negotiated this 1110(a) for the client while he had a NY record, so it is possible that this one transferred because it was on his NY record when he changed his license to the new state. But maybe they transfer anyway. Something new to worry about.

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