[HornetWSO]

I retired from the Marines (Active Duty) July 2010. I just started working for the military as a civilian in CA Sept 2010 and reside in CA. My home of record while in the Marines was Richmond, VA and my state of legal residency was Florida. I have both vehicles registered in FL and vote in FL. My Drivers' License remains VA. I am in the process of re-registering my vehicles in CA. I was wondering if there were any legal way I could maintain my VA drivers' license? Not worried about taxation, but just my state of mind is VA not CA. My intent is to return home to VA within the next 18 months - 3 years. Maybe it is a silly question, but VA will always be my home in my mind.

[ebaines]

From a legal perspective you have only one state of residency, and that is where you spend the most nights. So for you that would be CA. Legally your drivers license should be changed over to CA (I think you're supposed to do that within 60 days of moving into state). You should register to vote in CA as well - to vote in FL going forward is illegal. And of course paying CA income taxes.

I would suggest this:

1. Get used to CA as your legal home (for drivers license, voting, tax returns, etc).
2. But continue to think of yourself as a Virginian on the inside if you like . They say that "home is where the heart is," so no problem with you thinking of VA as your home as long as you don't confuse it with your legal residence.

[AK lawyer]

... VA will always be my home in my mind.

You and R.E. Lee.

I think you are domiciled in Virginia. That term means where you were last present where you had the intent that it be your permanent home. But your ability to get a Virgina-resident license would depend on the definition of "resident" in the licensing statute in that state.

§ 46.2-323.1. Certification of Virginia residency; nonresidents not to be issued driver's licenses, commercial driver's licenses, learner's permits, or special identification card; penalty.

No driver's license,. card shall be issued to any person who is not a Virginia resident.

http://leg1.state.va.us/cgi-bin/legp...cod+46.2-323.1

"Domicile" means a person's true, fixed and permanent home and principal residence, to which he intends to return whenever he is absent.

http://leg1.state.va.us/cgi-bin/legp...cod+46.2-341.4

I've looked through Title 46.2 - MOTOR VEHICLES (Virginia Code), and I don't see anything requiring you to claim Virginia residence if you have a residential drivers license from another state.

[ebaines]

CA requires that its residents have CA licenses. Now, I did find an interesting bit on the CA web site: Driver License and Identification (ID) Card Information

If you become a California resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner's property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents.

So unlike most states it seems you can claim to not be a CA resident even though you live there, as long as you don't take advantage of whatever privileges are extended to residents. Now as to whether VA would take kindly to you having a VA license without being a resident of the state - I doubt it.

[AK lawyer]

From a legal perspective you have only one state of residency, and that is where you spend the most nights. ...

Sorry, but I just don't think this is correct.

...
So unlike most states it seems you can claim to not be a CA resident even though you live there, as long as you don't take advantage of whatever privileges are extended to residents. Which means I suppose you can indeed keep your VA drivers license.

I think this is the prevailing rule.

I have been, with the exception of a couple of short trips back home to Alaska, here in Florida for more than six years. I am still an Alaskan resident, hold an Alaskan drivers license, and continute to vote there. I believe I am allowed to do that.

[ebaines]

I have been, with the exception of a couple of short trips back home to Alaska, here in Florida for more than six years. I am still an Alaskan resident, hold an Alaskan drivers license, and continute to vote there. I believe I am allowed to do that.

It may be moot, since both Alaska and FL do not have income taxes. But if you lived in, say, NY rather than FL you agree that you'd be paying income taxes to NY on your total income as a NY resident, right? My point was that your "state of residency" for tax purposes is defined by where you spend the most nights. That's why all those people who have homes in both NY and FL have to make sure to spend at least 183 nights out of NY State to avoid paying NY State income tax on their investment or retirement income.

[AK lawyer]

... But if you loved in, say, NY rather than FL you agree that you'd be paying income taxes to NY on your total income as a NY resident, right? ...

Yes, I suppose.

But residence for tax purposes is an entirely different question.

[AK lawyer]

... my state of legal residency was Florida. I have both vehicles registered in FL and vote in FL. My Drivers' License remains VA.. .

The troubling thing here is that you appear to be a Florida resident. The Virginia statute I cited makes it clear that Virginia has a real problem with issuing licenses to non-residents. The section goes on to say that

... It shall be unlawful for any applicant knowingly to make a false certification of Virginia residency or supply false or fictitious evidence of Virginia residency. Any violation of this section shall be punished as provided in § 46.2-348.

So when you apply to renew your license, be very sure what Virginia means by "resident". If you vote in Florida it may very well be that you aren't a Virginia resident.