licensing driving virginia residency
Driver&#39;s license renewal issue in Virginia
<p>I was recounting an incident that happened to me several years back to a friend.  While the issue is "resolved," I never learned of the proper, legal way to resolve the issue.  I am curious if someone out there knows what should have been done.</p>

<p>I was in the process of purchasing a house, which of course takes time.  Before I was finished purchasing and taking possession of the house, the lease on my apartment was expiring.  Rather than renting the apartment on a month-to-month lease, which was extremely expensive, I decided to move into an extended stay hotel for a couple of months.  I moved into the hotel and subsequently changed my mailing address on the United Stated Post Office website to the hotel's address and room number.  </p>

<p>While living in the hotel, I received a letter from the Virginia Department of Motor Vehicles notifying me that my driver's license was expiring after 7 years and needed to be renewed.  No big deal, I will just go online and renew it on Virginia's DMV website.  However, the DMV website would not let me renew.  I kept receiving an error that the address I entered was invalid.  I called the DMV and explained the situation, but got nowhere.  I was told to go into the DMV and talk to them in person.  So that's what I did.  However, the DMV had no idea what to do in this situation.  Here were the issues:</p>

<ul>
<li>I could not use the hotel as my place of residence, as the DMV does not accept hotels as legal residences</li>
<li>I could not use my previous apartment, as I was no longer a legal resident</li>
<li>I could not use the address of the house I was purchasing, as I had not yet become a legal resident</li>
<li>I could not rent and use a USPS post office box, as the DMV does not allow PO boxes as legal residences</li>
</ul>

<p>One DMV worker suggested I just let my license expire and get a new one after I moved.  That could have worked, if I wasn't in need of a valid driver's license for the following reasons:</p>

<ol>
<li>I needed a valid driver's license to rent a moving truck</li>
<li>I needed a valid driver's license to drive the moving truck</li>
</ol>

<p>The worker's at the DMV offered me no viable solution whatsoever.  They said they would get back to me.  Of course, they never did.</p>

<p>I <em>had</em> to renew my license.  I made a genuine and sincere effort to solve this dilemma legally and properly.  I reached out to the DMV repeatedly by phone and in person and was not given a solution. With no options or time left, I ended up with no choice but fibbing on the DMV website.  I rented a PO box from a shipping and mailing businesses that let you use their mailing address for your mail, so it appears as if you have a legitimate business address, not just a PO box.  Fortunately, the DMV website allowed me to use that address.  Of course, I changed my address to my house after I moved in.  So everything is taken care of now.  </p>

<p>I am genuinely curious, as to what I could of or should have done.  The DMV which was supposed to help me with this situation, provided me with no viable answers.  Was there anything I could have or should have done in this situation?  I doubt I am the first person that this particular set of circumstances has happened to, but I suppose it is possible.  </p>

<p>This is an interesting question. If a person who is in fact a long-term resident of a residence hotel is not allowed to legally obtain a VA driver's license, that might well be a violation of the Equal Protection clause of the 14th amendment to the US Federal constitution. Of course, bringing a case challenging the VA practice on that point would have taken much too long, and would probably have cost too much. If any such challenge has been brought, I can't find it through a quick online search.</p>

<p><a href="https://www.dmv.virginia.gov/webdoc/pdf/pro41.pdf" rel="nofollow noreferrer">This official document</a> lists acceptable proof of residence documents, and does not say that a hotel is not acceptable. But you would probably have had to sue to enforce this.</p>

<p>As a practical answer, I would have attempted to arrange with the sellers for you to receive mail at the house being purchased, and then arranged for, say a bank statement to go to that address early. Arguably that was your legal residence even though you had not yet moved in.     </p>

<p><a href="https://www.t-mlaw.com/blog/post/residence-and-domicile-in-virginia/" rel="nofollow noreferrer">This document posted by a law firm</a> says:</p>

<blockquote>
  <p>Va. Code §58.1-302 defines an individual’s domicile as his permanent place of residence and the place to which he intends to return, even though he may reside elsewhere from time-to-time </p>
</blockquote>

<p>...</p>

<blockquote>
  <p>Further guidance in determining an individual’s domicile for Virginia tax purposes is provided by 23 VAC 10-110-30. This regulation provides that an individual has only one domicile and, once established, continues until the individual moves to a new location with a bona fide intention to make his fixed and permanent home there. Thus, a change in domicile requires two concurrent actions — residence in a new locale and the intention to remain there indefinitely.</p>
</blockquote>

<p>This might mean that if the hotel was not a valid residence, that your former apartment was still your legal residence until you have moved to the new house. </p>
