QUESTION
How could I get another license if I have a warrant?
Asked on Jul 17th, 2012 on Criminal Law - Mississippi
More details to this question:
How could I get another SD license and 3 months later find out I have a warrant out for my arrest for things that happened in 2009 and 2010
15 ANSWERS
3 Awards
What's an SD license?
Answered on Jun 28th, 2013 at 10:39 PM
I'm not sure what an SD license is, but if you have warrants for your arrest from 2009 and 2010, then they may be for misdemeanors and the licensing authority never ran your info to find out if you were eligible to have your license renewed. This is not an uncommon occurrence.
Answered on Jul 27th, 2012 at 4:14 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Because they have nothing to do with each other.
Answered on Jul 26th, 2012 at 5:15 PM
Gary Moore
Get a lawyer and get your situation in a better place. Otherwise, you will be completely screwed by your inaction on the warrants.
Answered on Jul 25th, 2012 at 3:47 PM
Criminal Law Attorney serving Houston, TX
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The Law Office of Matthew D. Sharp
There are various situations in which that could have happened. If the warrants are for tickets, it could be that the courts where your tickets are pending didn't report the warrants to dps until after you got your new license. If the warrants are for county charges, it could be that the charges didn't get filed until after you got your license.
Answered on Jul 24th, 2012 at 1:09 AM
Jacob P. Sartz
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Generally speaking, with traffic suspensions, revocations, or records, most states honor the legal doctrine known as a reciprocity, meaning they honor the driving records of other respective states. However, it is not a perfect system. Not all states are aware of a person's activities an another state. Currently, there is no central, national record for most traffic matters; it's still a state-controlled matter for the most part. It is possible for one state to grant a driver a license simply because they had no idea about the driver's activities in another state. However, if the state that issued the license later becomes aware of a warrant or a suspension from another state, they may take action to suspend or revoke the driver's license. Further, if they required disclosure of certain information and if the driver failed to provide that information, or if they suspect fraud, there could be criminal charges. Generally speaking, it's a very dangerous idea to try to exploit the differences between the states to obtain a license in one state if a person's license had been suspended in another state. With pending warrants, I would advise you to retain a lawyer and turn yourself in.
Answered on Jul 23rd, 2012 at 6:14 PM
You need to be more specific with your question in terms of why your license was suspended and what the warrant for your arrest is for. Typically a warrant will not automatically suspend your license unless the warrant is for unpaid traffic fines and costs with the court. Please elaborate on the facts and circumstances of your situation for me to better assist you.
Answered on Jul 23rd, 2012 at 6:13 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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I have no way of speculating on why something happened or didn't. Bureaucracies make mistakes, just like people. Now, if there is a warrant, whether in error or not, to properly handle it, you must turn yourself into the issuing court, with or without an attorney, and try to negotiate a recall of the warrant[s] on whatever facts you have. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, your attorney can appear in court without the defendant being present.
Answered on Jul 20th, 2012 at 9:05 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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The DMV often act separately also warrants sometimes don't appear on the data base.
Answered on Jul 20th, 2012 at 9:03 PM
Leonard A. Kaanta
Having a warrant out for you has nothing to do with getting a driver's license.
Answered on Jul 20th, 2012 at 8:52 PM
Assuming "SD license" means a driver's license, you must contact the court and/or the appropriate District Attorney's Office to 'clear' the warrant, that is surrender on the warrant or arrange an appearance at the court without having to be arrested. Once the warrant is cleared, you need to make sure the court sends a clearance notice to DMV. At that time you can contact DMV to have the suspension lifed.
Answered on Jul 20th, 2012 at 8:48 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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I don't know what you mean by a SD license, but based upon the rest of your email I assume that the outstanding warrant has nothing to do with having an SD license. I think you need to find out what the outstanding warrant or warrants are for and then retain an attorney to handle the matters for which the warrant or warrants have been issued.
Answered on Jul 20th, 2012 at 7:36 PM
1 Award
Warrants can be issued for any number of actions, frequently without your knowledge. It is a good idea to hire an attorney and clear-up the issue of the warrant.
Answered on Jul 20th, 2012 at 7:32 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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DMV does not know and did not know that there were warrants out for your arrest. Why would warrants prevent you from obtaining a license? This question is listed as a Florida criminal defense question. You need to hire an attorney to represent you in the criminal case.
Answered on Jul 20th, 2012 at 7:30 PM
DUI & DWI Attorney serving Gulfport, MS
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Billy Stage, Attorney at Law
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The answer is: it depends. From "SD license," I am assuming that you mean South Dakota. Many times states don't communicate, so one state may not know that you have a warrant in another state. Also, the warrants could be for misdemeanors or felonies. Misdemeanor warrants are not generally listed on NCIC, so other jurisdictions would have no knowledge of them. The felony warrants may not have been on NCIC or only been listed recently. Even though the offense occurred prior, the warrant may have only been recently obtained. There are many variables to consider and look at and the understanding that different parts of the government don't necessarily communicate effectively.
Answered on Jul 20th, 2012 at 7:22 PM