Search Site
Menu
Unlicensed Operation

New York Laws On Driving Privileges

Under New York’s Vehicle and Traffic Law (“VTL”) § 509(1), it is a violation for any person to operate a motor vehicle upon a public highway unless they are duly licensed. VTL § 509(1). In order for a person to be duly licensed, they need to obtain their license in accordance with the proper legal requirements of New York State. However, confusion surfaces in licensing requirements of nonresidents.

Here in Rochester, like in many areas of the state, we have a diverse student population comprised of people from all over the United States and foreign countries. Many times these students come to New York having obtained driving privileges from their home country or state. However, at times they are issued citations for being “unlicensed operators” under New York Vehicle and Traffic Law.

Non Resident Drivers License Requirements

Pursuant to VTL § 250(2), a nonresident of New York state is allowed to validly operate a motor vehicle without a New York State driver’s license, as long as they have complied with the licensing requirements of their foreign country. VTL § 250(2).

Under VTL§ 250(5), it is presumed that when someone maintains their residence in New York for at least ninety days, they are a resident in this state. VTL § 250(5). However, Courts have held that when a person goes to a place that is different from their domicile in order to attend college, they will retain their parents’ domicile, unless it can be shown that the person intends on changing their domicile.

Courts begin assuming that when a student attends an out-of-state college, then that student does not have the intention to remain in that state indefinitely. Under VTL § 250(2), their valid driver’s licenses from another state or country make them duly licensed to operate a vehicle in New York under VTL § 509(1), because they are complying with the proper legal requirements of New York State. VTL § 250(2).

If you have any questions regarding Unlicensed Operation please do not hesitate to contact us at The Law Office of James L. Riotto

© 2013 The Law Office of James L. Riotto – Attorney Advertising

The Law Office of James L. Riotto

30 West Broad Street, Suite 306, Rochester, NY 14614

(585)546-4001

[email protected]

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam Staier Attorney Photo
Adam Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    Mr. Riotto helped me with a delicate situation. I placed my trust in him and he did not let me down. His professionalism and calmness was invaluable. I highly recommend Mr. Riotto without reservation.

    Read more

    Marlee Colon

  • google
    5.0/5.0

    I was very grateful that Jim Riotto went above and beyond when it came to my case. And I didn't have any way of compensated him for all the work he did beyond a certain point between myself and generous friends. He knew that I was not guilty and that...

    Read more

    woody turtledragon

  • google
    5.0/5.0

    A very efficacious and courteous service ! I definitely recommend it !

    Read more

    Wael Sboui

  • google
    5.0/5.0

    He is my son old lawyer he do a great job

    Read more

    Barbara Anderson

  • google
    5.0/5.0

    I hired Mr. Riotto to represent me in a traffic case, he and all staff were extremely knowledgeable and helpful with any and all questions. The office stayed in constant communication with me throughout the course of the case and we’re always promp...

    Read more

    heather sebastian

See all reviews
Contact us

Quick Contact Form