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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38602
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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8 yrs ago I used my cousins information to get a drivers license

Customer Question

8 yrs ago I used my cousins information to get a drivers license in his name . I used his birth certificate, marriage certificate, and a random utility bill. 2 yrs after doing this I was visited by a detective with homeland security. I was totally honest with him and he went to court and told the judge he thought I should get per trial intervention . I was on a unsupervised probation for 6 months. Fast forward to a yr ago , now the DMV is going to suspend my drivers license that is in my name for the same crime. How can I be charged both criminally and now by the DMV. Also is there any kind of statue of limitations on such an offense?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. I am a licensed New Jersey professional and will do my best to assist you with your concerns.

Perhaps the confusion here is the belief that criminal charges are somehow related to driving privileges. That is not the case. Driving is not a right, it is a privilege, and it is unrelated to criminal convictions in most instances. A criminal charge is for one specific reason, but a driving privilege is for an another. For example someone charged with vehicular homicide (death by vehicle), can be both criminally charged, and cited with having his driving privileges suspended or revoked. Revoking your license is not a criminal offense, and it has nothing to do with criminal law, it is instead an administrative matter so there is no issue of 'double jeopardy' or other claims that the state is unable to pursue both offenses in this instance. For DMV offenses there is statute of limitations at all, if they find out today that your driver's license was improperly issued, they can revoke it today and not 10 years ago when the fraud took place. Again, this isn't a criminal issue, it is an administrative right for the state to control or revoke driving privileges based on their criteria.

Good luck.

Customer: replied 1 year ago.
Thank you . Do you know the range I which they can suspend it ? How long can I poss lose it for ? Will it help to bring a lawyer , cause I was told by the DMV that its not something a lawyer can help me with .
Expert:  Dimitry K., Esq. replied 1 year ago.

Jim,

You are most welcome, truly. Sorry for the unwelcome news. Because your driving privileges are just that, a privilege, there is no 'right' for the state to return those privileges to you. The state could, possibly, put in a lifetime revocation. That is of course the worst case scenario, but obtaining counsel to fight it may help and either lessen the suspension or possibly avoid it altogether, although in all honesty the latter is highly unlikely. A lawyer can still help with this, he can request a petition with the state judge and ask that the judge overrule the DMV decision. But that only takes place after DMV makes a determination and informs you in writing as to how long they have suspended your privileges for.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38602
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
I'm sorry , one more thing I forgot to mention. I' was deemed with a lifete handicap , I'm registered with the state and have the placard . Will that help in my favor ? I can only walk 4-5 blocks before needing to rest because of an injury to my leg
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Jim.

It may help--you can potentially ask for a hardship license, specifically for work. But beyond that it likely will not help because there are many other potential options for transportation that do not require a driver's license. You can utilize a wheelchair or a modified golf-cart, for example, or at least that is what the state can claim.

Good luck.

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Dimitry K., Esq.
Dimitry K., Esq.
Lawyer
38602 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.