Out of State Drivers

In the past, representation of out of state drivers with out of state licenses was complicated by the fact of their ineligibility for a conditional license. Essentially, the Department of Motor Vehicles could not place conditions upon a license over which they had no jurisdiction, nor could they issue a conditional license to a person who was not in possession of a valid New York State driver’s license.

This situation necessitated legal gymnastics consisting of requesting an adjournment of sufficient duration to allow the out of state driver to obtain a valid New York State driver’s license. Upon the entry of the conviction for the violation of a DWI or DWAI, this newly acquired license would then be suspended and the driver would then be issued a conditional license in New York, under this New York license. This situation was particularly painful for truck driver’s as well as others who lived in adjourning states, but were employed within the State of New York.

In order to remedy this situation, the statute was amended to allow for the issuance of a conditional privilege of “operating a motor vehicle in this state.” This conditional privilege is basically identical to the conditional license, but it eliminates the possession of a New York State driver’s license as a condition precedent for the conditional operation of a motor vehicle in the State of New York.