New Jersey residents need a New Jersey license
In recent years, I have seen an increase in the number of tickets issued for what are commonly known as “expired tour privileges.” It’s no secret that in some states, the requirements to obtain a valid driver’s license are substantially lower than in New Jersey. I understand that in North Carolina and Tennessee just your name on a utility bill will suffice as proof of residency. In contrast, the New Jersey Motor Vehicle Commission requires 6 points of proof which may consist of, but is not limited to, a previous New Jersey driver’s license, utility bill, passport, and most importantly, proof that you are in the country legally to obtain a driver’s license. License.
Due to the disparity between states regarding the level of difficulty in obtaining a valid driver’s license, there has been a tendency within the illegal immigrant population to obtain a license from a state with more lax requirements than New Jersey. However, once that person moves to New Jersey, he must obtain a New Jersey driver’s license within sixty days.
A New Jersey resident may rely on their tourism privileges to drive in this state for the first 60 days after becoming a resident. The use of touring privileges during this time is intended to provide a new resident the opportunity to apply for a New Jersey license. After that time, if the driver has not obtained a New Jersey license, he is technically unlicensed and cannot legally drive with a license issued by the jurisdiction where he used to reside. Once the new resident has qualified for a New Jersey driver’s license, she must surrender a driver’s license issued by any other state or jurisdiction to the Motor Vehicle Commission.
Typically, an illegal immigrant driving in New Jersey is pulled over for a routine traffic violation. After asking him to present his “license, registration and insurance,” the officer receives a license from another state. The officer then asks “does he live in New Jersey and if so, how long?” Fearful of the situation they are in now, the common answer is six months to a year. A driver in this situation is generally not required to incriminate himself by answering the question. However, if a driver answers the question, he must answer truthfully.
A trained attorney can successfully defend a driver facing charges for expired touring privileges. For example, they can argue that there was no probable cause for the stop, or if a driver can show that they spent time in both states, they may not have a problem. Although, in this author’s opinion, the court does not have the authority to seize a driver’s license, more and more courts are doing so. Therefore, it is critical that a competent attorney with experience in this field of law be retained as soon as possible.
This article is intended to provide general advice only. It is not intended to replace a consultation with an attorney. The facts and circumstances of each case are different. The Law Offices of Shapiro & Sternlieb, LLC invites you to contact us for a free consultation.