Ask Me Help Desk - Suspended driving privileges

Hello All,, Please advise me on my delimma. My home state is MD and my driving privileges there are in good standing, I've been living in CA for the past 7 years and have a valid drivers license here as well. But recently Massachusetts put a hold on my driving privileges in the central DMV system which now is affecting me in CA. When I called Mass(DMV) to find out what's going on, Mass told me back in 2005, it showed I tried to obtain an ID in their state while my driving privileges were not eligible in MD. So,, is it against the law to obtain an Identification Card in Mass while your driving privilege is ineligible in MD, again this was back in 2005 and since my driving privilege had been re-issued. Also, Mass is demanding that I show them ALL court documents ranging back as far as 2003 for all my past MD traffic court papers. Can Mass mandate that demand?? I was just trying to get an ID Card,, that's all. My drving record in the state of MD is totally irrelevant to Mass in terms of my current state of CA. Is Mass(DMV) abusing their power? Do I have a case against Mass DMV if I decide to take civil action lawsuit against them? Please advise,, because I feel like I am getting pushed around for no probable cause. I don't understand where Mass(DMV) has the authority or jurisdiction over someone's driving privilege when it is their own mis-understanding. I was only trying to get a ID Card. Please help.

Please clarify something: do you have both a current, valid MD driver's license and a current, valid CA license? If so - something's amiss. When you moved to CA and became a CA resident you should have turned in your MD license when you got your new CA license. Though you state your "home state" is MD, you are in reality a CA resident and so should no longer have the MD license. According to California Vehicle Code Section 12511: No person shall have in his or her possession or otherwise under his or her control more than one driver's license.

As for the issue with MA - you don't state why you tried to get a MA ID - were you a resident of MA at the time? When you applied you would have had to provide three forms or ID to verify your identity, and I'm guessing that you used your revoked MD driver's license as one of those pieces of ID - correct? If so, the license must be current and valid, and since it was revoked it would not qualify. I suspect that they still have you in their database as a MA resident, and consequently have let other states know that you don't have a valid drivers license. Have you expalined to them that you are no longer a MA resident and that you have withdrawn your request for the MA ID card?

Hello Ebaines

Thank you very much for your response. Please see below for answers to your questions:

1Do you have both a current, valid MD driver's license and a current, valid CA license?
A. I have a current and valid CA drivers license and my driving privilege is in good standing in MD, but I don't hold an actual MD card. Yes,, I did turn in my MD drivers license to the CA DMV when I moved here in 2006.

2.You don't state why you tried to get a MA ID - were you a resident of MA at the time?
A. I was just visiting MA at that time, I was never a MA resident, I never even drove on a MA street. I can barely recall this incident from almost 8 years ago. I had lost my MD ID in Mass and was just trying to get an ID for everyday use.

3.I'm guessing that you used your revoked MD driver's license as one of those pieces of ID - correct?
A. NO,, I can barely recall, but I believe I called my mom to send me my US Passport and my social Security card with my US natualization certificate.

4.Have you expalined to them that you are no longer a MA resident and that you have withdrawn your request for the MA ID card?
A. YES, I've explained to them on the phone and in email that I never lived in MA, never drove in MA and never intend to live there. ALL this happened on 8/28/13 when I went into the CA DMV to renew my CA licence. I have yet to withdrawn my request for the MA ID card.

**I am at a lost right now, CA DMV have issued a temp drivers licence for me for 60 days to clear this mis-understanding with MA DMV. After that, they will suspend my driving privileges in CA. So,, this is a pure mis-undersstanding in the MA DMV,, but my concerns is,, is it against the law to obtain a ID card from MA when at that time my driving privilege was ineligeble in MD?, I was just trying to get an ID card, nothing else.

Ebaines,, please advise,, any info from your knowledge would be very helpful. Should I consult a MA lawyer,, do I have a winning case against MA DMV if I decided to sue them in a civil litigation? Please advise. Much Appreciated!

IN PAIN & SUFFEREING
Searchfor truth

You can only get a drivers license or an ID in your current state and it is sufficient for when you visit. You can not get one from another state because you are suspended in a different state either. You will need to ask the MD DMV to send you a letter detailing what steps you have to take in reinstating your license and follow the procedure.

Actually it was against the law for you to attempt to obtain a MA ID card when you were not an MA resident - I think that's the crux of the problem. When you appied for it you signed a paper attesting that you were a resident of MA, and consequently they are doing their duty to alert other states that one of the residents - you - does not have a valid license. However, I don't understand why it's taken them 8 years to raise the flag. My only suggestion is to keep calling, and ask to speak to a supervisor. When you're on the phone don't get exasperated - stay calm, and explain the situation carefully (which you will probably have to do so multiple times). Based on your question about launching a law suit I'm guessing that perhaps you've gotten a bit upset with them while on the phone and that doesn't help at all. Again, the root cause I believe is the fact that you claimed to be a MA resident, so don't be so hasty to blame them. And no, you don't have a lawsuit case.

I totally agree with ebaines. This does seem to be a misunderstanding.

But I am concerned about your wanting to sue them. There are no grounds for a suit that I can see. You did apply for an MA ID. To do so you must have attested that you were a MA resident. You may not have realized it.

P.S. You originally posted this question as a piggyback on another thread. That is not the way to post questions here. So your question was moved to its own thread. If you want to ask a question use the ASK button.

I think the best thing to do is ask them how to clear your record and reinstate. Often when you call a place like the DMV and tell them confusing details they get defensive and instead of helping you they make an issue of trying to make it your fault totally avoiding explaining how to fix the problem.

Quote:

Originally Posted by ebaines

Actually it was against the law for you to attempt to obtain a MA ID card when you were not an MA resident - I think that's the crux of the problem. When you appied for it you signed a paper attesting that you were a resident of MA, and consequently they are doing thier duty to alert other states that one of the residents - you - does not have a valid license. However, I don't understand why it's taken them 8 years to raise the flag. My only suggestion is to keep calling, and ask to speak to a supervisor. When you're on the phone don't get exasperated - stay calm, and explain the situation carefully (which you will probably have to do so multiple times). Based on your question about launching a law suit I'm guessing that perhaps you've gotten a bit upset with them while on the phone and that doesn't help at all. Again, the root cause I believe is the fact that you claimed to be a MA resident, so don't be so hasty to blame them. And no, you don't have a lawsuit case.

Ebaines

Thank you so much for your insight. I am still hopeful this mis-understanding will be cleared by MA DMV.

Searchfortruth

Quote:

Originally Posted by N0help4u

I think the best thing to do is ask them how to clear your record and reinstate. Often when you call a place like the DMV and tell them confusing details they get defensive and instead of helping you they make an issue of trying to make it your fault totally avoiding explaining how to fix the problem.

NOhelp4u

Thank you for your reply as well.

searchfortruth

There is an interstate compact or arrangement whereby most or all of the states will suspend driving privileges if another state shows there to be a problem. I imagine that California doesn't care, or want to go into, the reasons Massachusetts has for suspending your driving privileges. But there should be some sort of an appeal process. Check with the California DMV for the particulars of that process.

Was there some sort of problem, that you are aware of, in Maryland?

Quote:

Originally Posted by ScottGem

I totally agree with ebaines. This does seem to be a misunderstanding.

But I am concerned about your wanting to sue them. There are no grounds for a suit that I can see. You did apply for an MA ID. To do so you must have attested that you were a MA resident. You may not have realized it.

P.S. You originally posted this question as a piggyback on another thread. That is not the way to post questions here. So your question was moved to its own thread. If you want to ask a question use the ASK button.

ScottGem

Sorry about that,, I am new here. Didn't know what I did in the original post, will be more careful from now on. Appreciate your comment.

searchfortruth