Legal Question in Traffic Law in Virginia
Other People's Driving Record
My soon-to-be ex-husband's drivers lisence was suspended in 12/03. He now says he has a valid lisence. Is there any way for me to check this information? He's a pathological liar and I don't want him driving our son around on a suspended lisence with no insurance.
2 Answers from Attorneys
Re: Other People's Driving Record
This is not a question of traffic law. When it comes to traffic law per se, I don't think you can verify this.
However, if he is driving your son pursuant to a custody order of the juvenile and domestic relations court, then you should file a motion there. In general, it would be viewed with suspicion and hostility if you were just on a fishing expedition about his driving record. But since you know that his driving license ACTUALLY WAS SUSPENDED, you should be able to ask for proof that it has been restored.
If you withhold your son during ordered visitation, you could be in trouble. However, you should be able to refuse to release your son to him without proof that he has a valid driver's license.
Send a letter to him stating that because his driver's license actually was suspended, you need proof from him that it has been restored before letting your son drive with him.
Re: Other People's Driving Record
You could take the position(which you may later have to modify)that you want to see a current copy of his DMV record(or other proof of the currency of his license) before you will allow him
to go "driving your son around". Of course, you should emphasize that you are requiring this only out of concern for your son's safety and for no other reason(s).
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