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So Dakota Drivers Liscense Renewal

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I use the Escapees So Dakota address for my domicle. When I first obtained my drivers liscense I had to show proof of a one night stay. I know that I can renew my tags by mail but can I renew my DL by mail or do I need to travel to SD and make a one night stay. I have been told that if I have a physical address I can renew by mail but using a PMB I need to go in person and show proof on a one night stay. Not sure if this is correct. Has anyone renewed their SD DL by mail using the Escapees address?

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While SD does now allow renewal of DL's by mail, you, as a fulltime, must show a receipt from a motel or RV park that's been dated within the last year.

So, at some point, you will have to go to SD in person...either when it's due, or within the prior 12 months.

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Although we did spend a couple of nights in SD just so we could get our licenses renewed, I will admit that I know that some people [with anti-social tendencies] circumvent this requirement by making hotel (or campground) reservations that they intentionally don't show up for.   Then they ask the hotel to send them a receipt for the night they paid for but weren't there for.   It's not strictly legal, but it's difficult for authorities to detect.  

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12 hours ago, docj said:

 It's not strictly legal, but it's difficult for authorities to detect.

It is an issue of personal ethics. Do what is legally required, or what you can get by with? 

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53 minutes ago, Kirk Wood said:

It is an issue of personal ethics. Do what is legally required, or what you can get by with? 

How many people sign the paperwork stating intent to return and live in SD that REALLY intend to live in SD?  

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9 hours ago, remoandiris said:

How many people sign the paperwork stating intent to return and live in SD that REALLY intend to live in SD?  

I do not know. The same could apply to any chosen state. Is that the same as clearly faking having spent at least one night there? Either comes down to personal ethics. Would I do either......  It would be easy for me to say no, but I'm not certain since I was already domiciled in TX when going on the road it was never an issue that I had to deal with. That was a factor in my choosing TX but I can't honestly say. 

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2 hours ago, Kirk Wood said:

 Is that the same as clearly faking having spent at least one night there? 

It is to me.  If you have no intent to reside there, and you know it, you're lying...just like faking a night in SD.

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On ‎7‎/‎4‎/‎2018 at 8:54 AM, Kirk Wood said:

It is an issue of personal ethics. Do what is legally required, or what you can get by with? 

🙄 Sorta like stop signs 😄

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On 7/4/2018 at 8:47 PM, remoandiris said:

It is to me.  If you have no intent to reside there, and you know it, you're lying...just like faking a night in SD.

I am not sure but I would tend to believe that almost 90% of fulltimers who use a PMB in SD do not intend to reside there. 

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On 7/4/2018 at 7:47 AM, remoandiris said:

How many people sign the paperwork stating intent to return and live in SD that REALLY intend to live in SD?  

The document I signed did not require me to say I would return and live in SD. It said I intended to return to SD at some point and I did. I passed through SD several times during our 11 years of full timing before we bought a house in CO when we left the road.

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50 minutes ago, Clay L said:

The document I signed did not require me to say I would return and live in SD. It said I intended to return to SD at some point and I did. I passed through SD several times during our 11 years of full timing before we bought a house in CO when we left the road.

O.k.  You're saying the SD Residency Affidavit doesn't mean you intend to live there after traveling full time,  just that you stop by once in a while. 

2. Is South Dakota the state you intend to return to after being absent? _____ Yes _____No

https://dps.sd.gov/application/files/2815/1085/4078/ResidencyAffidavit.pdf

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As long as you are not challenged in a court about your domicile, and most people never are, you probably won't have any major issues but it can happen and if it does, a court may not agree with your claim. Here is an article on what domicile proof in a court requires. It was written for Texas, but the issues would be pretty much the same no matter what state is involved. 

The Ten Commandments of Texas Domicile

Edited by Kirk Wood

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21 minutes ago, sandsys said:

That link took me back to this thread.

Linda

 

I went back to the previous post and repaired the link.    Thanks!

 

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3 hours ago, Kirk Wood said:

I went back to the previous post and repaired the link.    Thanks!

Wow! That 10 commandments of domicile article covered a lot more than I ever gave thought of doing. It's probably a good thing we are no longer full timing. :)

Linda

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8 hours ago, sandsys said:

That 10 commandments of domicile article covered a lot more than I ever gave thought of doing.

The whole thing is that very few of us ever have our domicile challenged and most of those who do, happen in the first year when the previous state wants your tax money. Several years ago I did a lot of research looking for cases where it was challenged and only found a handful of cases but if it happens what Shawn says it very accurate. The court will look at far more than just your driving related issues. I don't have my research any more but I did find two challenges of a will that were overturned because of domicile issues. The key thing is that while it isn't likely to happen if it does happen it will usually be over something very serious. 

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When I was a student in Lincoln, NE many years ago I heard that a large percentage of high school graduates leave the State. I thought I'd never be such a person. I graduated from a Nebraska college in 1971 and my first teaching position was in Houston, TX. I did return to Nebraska for about 10 years in the mid 70's, but left there in 1986 and have only returned on visits. Intentions change. We're SD residents and yes, we might very well return to SD as a home some day. Probably more likely for me than for Jo Ann. Probably would be western SD rather than eastern SD, but who knows.

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37 minutes ago, kb0zke said:

We're SD residents and yes, we might very well return to SD as a home some day.

1

The important thing is that there is supporting evidence that it is really your domicile and little or no conflicting evidence. In the will cases I referred to, both were challenged wills of deceased fulltimers who did have a new will from the claimed domicile that was different from one executed in the previous state, which was the basis of the challenge. I don't remember many of the details now, but a few things that I recall which were used to dispute the new domicile claim were things like a newspaper subscription from the previous home that had been running continuously for many years, the current doctor was in the previous state, I believe both cases had primary banking in the previous state and other things of that nature. One of the overturned was a veteran who was a vet organization member "back home" but not in his claimed state of domicile. Basically in such a case you need to show that you not only plan to return to the new domicile state but also that you have broken ties with the previous state. In both of these will cases, there were more ties to the previous state than to the currently claimed one. 

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