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Discussion Starter · #1 · (Edited)
Hey,

So, in 2004 I got caught driving without a license. I moved out of the country and recently moved back to New York. I didn't realize I didn't take care of my licensing issues (been driving for years in Canada with a valid license), and finally took a plea of unlicensed operation of a motor vehicle in March.

According to the fitness rules for TLC, I am not eligible for a license if in the last year I committed an infraction of unlicensed operation of a motor vehicle. I think technically I committed this infraction in 2004, which is over 12 years ago but does anyone know if TLC will look at the CONVICTION date, or date the violation happened?
 

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Hey,

So, in 2004 I got caught driving without a license. I moved out of the country and recently moved back to New York. I didn't realize I didn't take care of my licensing issues (been driving for years in Canada with a valid license), and finally took a plea of unlicensed operation of a motor vehicle in March.

According to the fitness rules for TLC, I am not eligible for a license if in the last year I committed an infraction of unlicensed operation of a motor vehicle. I think technically I committed this infraction in 2004, which is over 12 years ago but does anyone know if TLC will look at the CONVICTION date, or date the violation happened?
I asked one of my lawyers about this case scenario...very unique to answer by itself. You forgot some very important details.

1. Do you now have a NYS driver license?
2. In the same year you got the ticket, did you plea not guilty and wait for a hearing, or didn't reply at all?
3. Did you move right after the violation happened?

If you now have a license, the date you plea guilty is the violation that will actually appear on your driving record. So the violation would read March 2016 - unlicensed operation. If this is the case, you are ineligible for a TLC license for one year.

If you plea not guilty, take a hearing date and never show up, you are automatically guilty and your license is suspended until you pay the fine. If DMV doesn't hear an answer from you, they could get a judge to issue an arrest warrant for you in case if you try to leave the state. You are very lucky this didn't happen to you.

You have a record of driving in Canada which can be used against you to prove you left the country, and that can be used as cause of you avoiding the violation which does not look good at all.

Contact a TLC lawyer before you even submit an application.
 

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Discussion Starter · #3 ·
Sorry, I should have been more detailed.

Yes, I do have my NYS license, as of March as well when I transferred my Ontario license to NYS and after I dealt with the violation.

I was already moved to Canada when the violation happened. I just so happened to be visiting at the time, and I went back after the vacation. To be honest, I thought it was dealt with, and did not know this was still outstanding until I tried to transfer my license.

This is what is exactly on my abstract:
CONVICTION: FAC AGG UNL OP INF
VIOLATION: 05/06/2004 CONVICTION ON: 03/16/2016
LOCATION: ORANGE COUNTY
PENALTY: N/A

I, unfortunately, put forward my application, not thinking that this was a problem until it was brought to my attention after the fact.
 

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Sorry, I should have been more detailed.

Yes, I do have my NYS license, as of March as well when I transferred my Ontario license to NYS and after I dealt with the violation.

I was already moved to Canada when the violation happened. I just so happened to be visiting at the time, and I went back after the vacation. To be honest, I thought it was dealt with, and did not know this was still outstanding until I tried to transfer my license.

This is what is exactly on my abstract:
CONVICTION: FAC AGG UNL OP INF
VIOLATION: 05/06/2004 CONVICTION ON: 03/16/2016
LOCATION: ORANGE COUNTY
PENALTY: N/A

I, unfortunately, put forward my application, not thinking that this was a problem until it was brought to my attention after the fact.
You're in the clear with your NYS license then. If you were stopped by police on the road and they discover the matter, I wouldn't be surprised if they arrested the driver on grounds of failure to respond to a serious violation, but you cleared it up so it's good.

I'm sorry to say though that until 3/16/2017 you are unable to hold a TLC license. I would still call a TLC lawyer and find out if the lawyer can have your license specially issued. The judge would review your case and determine if you are fit to drive a TLC vehicle.
 
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