Legal Question in DUI Law in Virginia

In 08/2010 I received a dui in KY (where I lived) and had my license suspended for 30 days. I paid my fine, did my classes and my license has been fully reinstated. I want to move to VA but I know VA gives a 1-year suspension for a first DUI. I am trying to find out: if I move to VA will my license be suspended again to fulfill the remainder of the penalty they would have given me for a DUI or is this situation resolved?

I found this online which made me think this may be a real issue for me:

got a DUI in CA Jan 09, completed classes, paid all fines, went through the 6 mth suspension, licence reinstated, all is well. THEN i move to VA, get my licence and 8 days later in the mail I get a revocation, back dated no less, so driving illegally? Why did they give me a license in the first place?I had put the DUI on my application. Funny thing is I called headquarters in Richmond to find out if there would be a problem before I moved to make sure... they told me no problem I would get my license, if I was clear in CA. Called back after I rec'd the letter, and "oops, oh well, sorry she made a mistake" I'm told. Now I have NO license. So I start all over again after all the expense (thousands of dollars) stuck in a motor home for 3 mths attending classes, and hotels. To find out they "made a mistake" and I am to be punished again for the same offense? Sounds illegal. Does a thief have to serve a sentence for the same crime in every state he moves to? just an example. The schools say they don't' know how long the classes are?? huh? What do I do now? Stuck in the boonies with no public transportation, no cabs, cant' go job hunting, OMG, I'm in hell again. only worse. If I'd stayed in CA I would be done with it all."

I have gone to treatment and fully stopped drinking months ago. I really want to move back to VA, as it is my home state, all my family is there, and it is where I want to settle and stay; however, I would be going to a really small town so I don't want to deal with another suspension for the same issue. Does anyone know what would happen or how to get a real answer??? I thought of contacting the DMV, but figured the clerk may be wrong and they would not be bound by the answer--am I stuck in KY if I want to stay licensed??


Asked on 2/23/11, 11:28 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

You may wish to contact the clerk's office of the general district (traffic) court

in the Virginia jurisdiction where you would intend to reside and ask them whether you would need to file a petition for a hearing on the matter to determine

whether you would be ordered to have a restricted license ---or what--in order

to operate a vehicle in the Commonwealth.

Read more
Answered on 2/24/11, 7:14 am


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Virginia