Wednesday, February 23, 2005

Case of the Week: 2/21/05

County: Marshall
Age: 91

Our client is a 91 year old man who recently moved to West Virginia from Florida. He had a valid driver’s license from Florida that would expire because he changed his residency. After unsuccessfully attempting to have a new WV License issued, he contacted us. Under the newer rules, applicants are required to prove United States Citizenship via a birth certificate. My client was born in in another state before 1920, and there was no record of my client’s birth. He has a social security number, voter registration, and a valid driver’s license from another state, but that was not enough. After reviewing the CSR, I discovered that the Commission has the discretion to issue licenses even when certain required documentation is not available. After several contacts with the Commissioner, General Counselor, and Manager of Drivers Licensing, the DMV has decided to issue my client a new driver’s license. However, it should be noted that legislation at the federal level, if enacted, will require states to verify all documentation. This will make it more difficult for applicants who fail to provide the required documentation.


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