Florida | Traffic Law
Legal Question
Military Member Drivers License Expired
I am in the United States Air Force on active duty since 1995. I recently flew to Tampa, Fl en route to my contingency Deployment Overseas in support of Operation Iraqi Freedom. I was originally supposed to sign in at the base and then fly out 2 days later--that was 2 weeks ago now. I was pulled over by a Tampa Police Officer because my Rental Car's plates were ran and they apparently belonged to a Dodge Caravan and not the Grand Marquis I was driving. He then asked for my Driver's License which I give him along with my Military ID. My license was 2 years expired, however my license is from NY and according to the laws of NY my license is automatically renewed (No actions req'd) until 6 months after I seperate from Active Duty. I explained this to the officer and my entire situation to no avail. He told me he was doing me a favor by giving me a citation (Criminal) for licenses expired over 4 months and wasn't going to take me to jail (THANKS ANYWAY). I am supposed to leave anyday now, and I have the NYSDMV form MV-75, and the Section 116(3) of the NY State Defense Emergency Act. Should I request a Motion of Stay pursuant to the SCRA, 50 U.S.C. App. '522? Or what may I do without an attorney to get dismissed? Thanks
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Read More Answered By: Robert M. Perez |
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