Ding ding ding.
One more, in the intervening period, would be like a serious ax to the neck. Previously, the OP could claim that he was unaware of the suspension/revocation, but now, any time he gets behind the wheel, he is knowingly driving illegally.
It is truly phenomenal how often I manage to LOSE my license when I move. 
As long as I have another form of picture ID and proof of ID that they’ll accept, life is good, and I have the new one all sorted. (I like having the old proofs of addresses to keep in my safe deposit box - yes I know I’m weird, thanks.)
I doubt the judge is gonna snatch his old NC license during court, but I might be wrong on that last bit - better make a color photocopy of the NC one and take that in instead. 
Regardless, since he never did pay that old one off, getting the VA license is more of a gesture of good faith to the judge than anything else. Regardless, since there is a block on his account due to the old unpaid fine, he’s probably SOL anyway because I doubt that the VA DMV will issue him a new card without him paying off the old fine on record, and he’s apparently hoping to get that “bogus” charge dropped by pleading for mercy from the judge (at least that’s what I’m hoping he’s planning on - I keep having a mental image of him striding up to the judge seat and waving the ticket in the air “This is BOGUS, man! WTF is this shit?”)
You know, I was going to say something similar.
When I moved to Arizona, the law was anyone working in AZ needed to get Arizona tags for their car. While that might seem reasonable in Phoenix, what if you live in a neighboring state and not Arizona? The law makes no allwances for this. Or what about when I moved to Washington and was still driving on my California tags and license? A cop stopped me and was going to write a ticket for those violations but didn’t since I was a student. I still don’t know if what I was doing was illegal or not.
I have a hard time justifying that moving somewhere warrants a mandatory drivers license/tags change. I know why they do it ($$$) but while licenses are linked to residency in a non-tenuous way, isn’t requiring a state-issued licence also requiring you to be a legal resident in that state? And before you say, “Duh!” there are some valid reasons for moving to another state without wanting to give up residency in your home state.
It wouldn’t be that difficult if they wanted to make an issue out of it. The OP’s claim is that he was driving under a valid North Carolina license. But for that license to still be valid, he’d have to have moved to Virginia within the last sixty days. So all the judge has to do is ask him to produce proof he was a North Carolina resident within the last sixty days.
I think there are exemptions for people who are residents of more than one state. Let’s say you live in New York but you also have a home in Florida and go down there every winter for four months. I believe you’re allowed to drive around in Florida with a NY license for that time as long as you maintain a legal residence in New York.
Yes, but you only have one legal residence (I think that’s flexible also). But a prosecutor or the judge would need evidence he was a resident of Virginia, not that he wasn’t a resident of some other state (assuming he has a valid license which is in doubt here).
You can be a resident of more than one state , but you can only have one domicile. For example, I might spend six months a year in Florida, while still intending to have New York be my permanent home. Or I might spend 10 months a year in Colorado attending school , always intending to return to New York. And each state makes its own rules about who is a resident and what proof is needed- for example, residency in NY depends on the person’s intention to make NY “a fixed and permanent place of abode” . Living in a house ,apartment ,room etc in NY for 90 days is presumptive evidence that you are a resident and allows a ticket to be issued for driving without a NY license and/or registration. The judge will then look at whatever evidence you present to show you are not a resident (I’m living in NY while attending college, my job sent me here for four months, but my family lives in Maine and my kids go to school there etc).
According to what I can find of Virginia’s rules,either living there for six months or being employed while living there temporarily makes you a resident required to have a Virginia driver’s license. This is in addition to those domiciled in Virginia.
They’re never really going to need to prove that you moved 65 days ago. First of all, they’re not trying to find everyone who became a resident more than 60 days ago. The issue is going to come up when something else happens (most likely a ticket or an accident, but it could be a complaint from those neighbors you pissed off or my all-time favorite -a parolee who is not allowed to leave NY goes to see his parole officer with the Virginia license he got last week in his wallet). At that point, they can start looking at your tax returns , where you work , if you own real estate etc.
That’s because at the beginning of their shift, police officers are supposed (possibly required) to verify their radar guns are in proper working order. I once watched a VA State Police Master Trooper do this with a tuning fork like device that is calibrated for a speed and the frequency of the radar gun. They then log they completed the test at X time on Y day and Bob’s your uncle they go out and write tickets.
Regards,
-Bouncer-
The validity of the OP’s NCDL is irrelevant: the FTA for the 2002 ticket resulted in Virginia taking away his right to drive in Virginia. That this did not show up with the 2009 violation was probably due to the fact that it was not a state trooper who checked his info and so missed the suspension by failing to check with the state DB. He is not allowed to drive at all in Virginia until this is resolved, end of story.
Here’s an earlier thread on the subject.
From my six minutes researching this subject online, it seems that traffic tickets don’t have statute of limitations.
I am not an attorney, but it seems that everyone is saying something similar. The fact that the two attorneys have asked for a higher amount of money for defending this suggests that your assessment is likely to be in error.
I would suggest some serious research on this question rather than assume what you are.
This may be a really dumb question -
But why don’t you all just get a national driver licensing system?
For better or worse, states are sovereign and can generally do what they want, so it would be a huge political and legal battle.
I get that part - but doesn’t it make more sense to run some things on a national level (and wouldn’t it also be FAR more efficient?)
There was a point where they were pushing a National ID system (for humans, not the one for animals) and it got HUGE blow back.
States claimed expenses of compliance. As a result, states who re-designed their ID cards (drivers license, general ID cards) to carry specified data fields were given some financial incentive. So they sort of slid the idea of a National ID in the back door by establishing the data fields required, but states retained the ability to (a) opt out and (b) control their own ID look and content. (this was around the time that they began putting the “digital strip” on the ID cards.
From a citizen POV, a National ID system presents a huge target for identity theft and abuse because they include everything, even digitized signatures. Then there are those who fear that RFIDs (embedded or implanted) will be the next step. RFID tracking systems are already well developed for livestock management and we already have proximity RFIDs used for keyless cars.
It really isn’t a technology jump, so much as a network/communications/data storage/financial hurdle to establish a significant movement monitoring system for the population.
Personally, I think if we get a Republican congress and president, they will push the National ID again and force it through using immigration as one part of the reason and national healthcare records as another. We’re already used to our cars and phones tracking everywhere that we go, so I think the next time, with the right ‘spin’ it will be far easier to get the population to accept.
Here are the fundamentals: http://www.fmotl.com/FundamentalsIndex.htm
No, but you added quite a bit that was not in the OP. You assumed that he was going much faster than 49mph, and the officer was just giving him a break. That was not in the OP. You also assumed that he did not have his license on him. That was also not in the OP. Reading “quite thoroughly” doesn’t mean you get to add your own facts or fill in the blanks as you see fit.
Nope.
[QUOTE=14th Amendment, Section 1]
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[/QUOTE]
You are only a resident (citizen) of one state at a time. The problem is that since residency is synonymous with state citizenship and can affect voting, tuition for schools, etc. and the rules on residency (state citizenship) vary from state to state from mandatory if you domicile there to not even requiring you to live in the state.
Although a drivers licence is not the same as proof of residency, it is true that in many states your license and in some cases you cars tags are linked to state residency. Arizona doesn’t require someone from another state to purchase tags or get a license to drive through their state to get to another destination or to visit the Grand Canyon. While not a perfect analogy, I think the law (though not the situation) the OP describes would be similar to someone moving to Canada for a temp job and finding out after 2 months that they are no longer a US citizen but rather a Canadian citizen under Canadian law. Except in the OP’s case he is forced to give up NC residency to take on VA residency.
Do you really think that is what the statue of limitations is? In NJ for almost all motor vehicle statutes, the SoL is 30 days. Which means it would run out before anyone got to court. Statute of Limitations means the time they take to charge you. After that the law does not reward you for successfully evading the law.
You are probably suspended in Virginia.
The fact that you have a valid license in NC does not matter if you are suspended in VA.
The fact that you are suspended in VA may never show up in NC.
If NC knew about you being expired in another state they would probably suspend you (they would here).
Suspensions don’t expire, you have to get reinstated.
If you live in VA you have to get a VA license.
You will probably have trouble getting a VA license until you clear up the old ticket.
I’m surprised there was no warrant for the old charge. You got lucky.
I am not a lawyer. Just a police officer. Feel free to ignore this post.