If I have a 13 year old out of state FTA, can I get a license?

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If I have a 13 year old out of state FTA, can I get a license?

About 13 years ago, I got a DUI and then an FTA a few years later. I’m in another state and starting over after being victim of a violent crime and wanted to get my license. Can I without going back or to jail?

Asked on May 9, 2017 under Criminal Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you have an outstanding warrant for your arrest, you should consult directly with a criminal defense attorney in the area of where this all occurred. They can use their local court contacts to your best advantage. The fact is that you'll have to deal with both the warrant and the underlying DUI charge. And warrants do not expire, so you can be arrested and taken into custody if you are stopped for just a speeding ticket. Also, the warrant will show up in an employment backgroud or similar check (for renting an apartment, obtaining a student loan, etc.). As far as being arrested when you try to get a new license at the DMV, the chances of you being arrested there are slim as the DMV is not a law enforcement entity, so it is capable of arresting anyone. Further, it is doubtfuk that the DMV would have access to the criminal online system in order to know if there is an outstanding warrant against you. Again, you should seek legal counsel.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you have an outstanding warrant for your arrest, you should consult directly with a criminal defense attorney in the area of where this all occurred. They can use their local court contacts to your best advantage. The fact is that you'll have to deal with both the warrant and the underlying DUI charge. And warrants do not expire, so you can be arrested and taken into custody if you are stopped for just a speeding ticket. Also, the warrant will show up in an employment backgroud or similar check (for renting an apartment, obtaining a student loan, etc.). As far as being arrested when you try to get a new license at the DMV, the chances of you being arrested there are slim as the DMV is not a law enforcement entity, so it is capable of arresting anyone. Further, it is doubtfuk that the DMV would have access to the criminal online system in order to know if there is an outstanding warrant against you. Again, you should seek legal counsel.


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