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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19672
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I was driving with an expired NY license and was stopped for

Customer Question

I was driving with an expired NY license and was stopped for speeding 13 mph over the limit. I went to DMV and obtained a VA license before the scheduled court date. Now there is a 4 point charge on my brand new VA llicense. How can I be charged the points on a license that didn't exist at the time of the infraction? I appreciate your answer
Submitted: 7 years ago.
Category: Legal
Expert:  Marsha411JD replied 7 years ago.

The states have interstate agreements to share and give full faith and credit to records of certain activities, including driving records. Based on the facts you provided it looks like what happened was that your NY DMV apparently awarded you points for driving without a license. You may be able to get those points taken off if you show the State of NY that you did get a valid license before your court date. If you haven't had your court date yet, you can usually show the judge and they will dismiss the ticket.
Customer: replied 7 years ago.
The driving without a license was dismissed because I did obtain a new license here in VA. According to the affidavit from DMV of VA, The charged points on my license is for speeding.
Expert:  Marsha411JD replied 7 years ago.
Hello again,

Well then that is an entirely different thing. There was no way I could have guessed that from the facts you gave me initially. Anyway, if you didn't get a speeding ticket, then it is an administrative error and you have to write to the DMV in VA to clear it up. Just a simple short letter that has you personal identifying information and your statement that you have not received a speeding ticket, so they can audit your DL record and take a look at the alleged ticket and see that it belongs to someone else. If that's the case, they will take the points off.

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