Can I sue theDMV because I qualify for a driver’s license but they won’t give me one?

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Can I sue theDMV because I qualify for a driver’s license but they won’t give me one?

I made 2 attempts for a CO driver’s license. DMV website states that they only need a passport to get a DL. Unfortunately, my middle initial is incorrect on my AZ driver’s license. Was told to prove my name, which I did with passport. Was told to bring in my birth certificate, returned with it, was told because it was from NJ, and says City of Newark on it, that I couldn’t use it. The certificate also says State of NJ and is certified from County Courthouse. NJ doesn’t offer a different one, so now I’m out of luck. I’m required by law to have a CO DL, but I can’t get one because of the law.

Asked on March 23, 2011 under General Practice, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It sounds like someone is either giving you misinformation or you need to have your Arizona Driver's license amended and then go back and get your Colorado drivers license. Suing the DMV may be permissible but may not get you too far because you may have to first exhaust your administrative law hearings before you take that to your superior or state supreme court. The State of Colorado has a responsibility to protect the citizenry and if it cannot with utmost certainty identify you and fears that you may be concealing your true identity or using an identity of someone else, it has every right to deny you, though it may be unfair and time consuming for you to repair. Not sure why your passport and birth certificate have issues, but it may be because you have an Arizona drivers license, were born in New Jersey and have a passport that may have yet another address. Go to the DMV first, and make an appointment to meet with a manager or ask to speak to a manager and go from there. It may be as simple as the clerk simply not being trained properly.


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