Driving on a suspended license questions and confusions

[Xer0]

Okay, here is the story.

Some two years ago, I had a court date for making a right on red.  I forgot about the court date and went to second one that they issued me.  So I went, paid all of my fines, and got my license back.  Fast forward two years and I get pulled over for speeding.  Apparently, when I missed that first court date my license had been suspended by the secretary of state.  My car got towed, I went to jail, and was issued a driving on a suspended license ticket.  I?ve since been getting countless letters from different law firms offering to defend me.  Should I even bother?

Now then, for the confusing part.  My license isn?t suspended.  After I had gotten pulled over I called the secretary of states office and asked about it.  The person on the other line said she didn?t understand why my license was suspended and simply re-instated it.  So, I have a driving on a suspended license ticket and a license that isn?t suspended.  Needless to say, I?m confused.

[Laconian]

The situation sounds like a bureaucratic mixup and might be an easy fix, but I would probably get a lawyer anyways just to make sure that all the i's are dotted and t's are crossed.

[Soup DeVille]

Okay, here is the story.

Some two years ago, I had a court date for making a right on red.  I forgot about the court date and went to second one that they issued me.  So I went, paid all of my fines, and got my license back.  Fast forward two years and I get pulled over for speeding.  Apparently, when I missed that first court date my license had been suspended by the secretary of state.  My car got towed, I went to jail, and was issued a driving on a suspended license ticket.  I’ve since been getting countless letters from different law firms offering to defend me.  Should I even bother?

Now then, for the confusing part.  My license isn’t suspended.  After I had gotten pulled over I called the secretary of states office and asked about it.  The person on the other line said she didn’t understand why my license was suspended and simply re-instated it.  So, I have a driving on a suspended license ticket and a license that isn’t suspended.  Needless to say, I’m confused.

Secretary of State? So, you're in Michigan?

You need to get a print out of your driving record and a court date, and take that in and show the judge.

[Xer0]

Secretary of State? So, you're in Michigan?

You need to get a print out of your driving record and a court date, and take that in and show the judge.

Nope, Illinois, got ol Jesse White.

I had what I think is a driving record printed out for me but I'm going to go and see if I can get another one just to be sure.

The situation sounds like a bureaucratic mixup and might be an easy fix, but I would probably get a lawyer anyways just to make sure that all the i's are dotted and t's are crossed.

Thats what I'm thinking to, or rather, hoping.  But we'll see

[Soup DeVille]

Nope, Illinois, got ol Jesse White.

I had what I think is a driving record printed out for me but I'm going to go and see if I can get another one just to be sure.

Thats what I'm thinking to, or rather, hoping.  But we'll see

Bad luck. We've two Michigan cops here, and one from Ohio that post regularly.

[dazzleman]

The moral of the story is:  don't miss court dates.

I don't follow the speed limits very well, but once I get a ticket, I rigorously adhere to the procedures to get it settled, one way or another.  No sense having a small issue mushroom into a large one.

You may be wise to get a lawyer to make sure all the loose ends are tied up.  Bureaucratic snafus are notoriously difficult for a person without knowledge of the system to fix.

[bing_oh]

Your first step is to get documentation from the state regarding your driving status at the time of the offense. That your license is valid now makes no difference to the court. If you can get documentation that your license was suspended in error, then you shouldn't need a lawyer. That sounds simple enough, but getting that kind of documentation probably won't be easy...that kind of document means basically getting a bureaucrat to admit that they screwed up. Without that documentation, you're going to have a very difficult time winning that kind of case. It's guaranteed that the officer will have documentation that shows your suspended license at the time of the arrest.

[sparkplug]

That sounds simple enough, but getting that kind of documentation probably won't be easy...that kind of document means basically getting a bureaucrat to admit that they screwed up.

That is kind of hard. I find a kick in the nuts works best.

[Xer0]

Your first step is to get documentation from the state regarding your driving status at the time of the offense. That your license is valid now makes no difference to the court. If you can get documentation that your license was suspended in error, then you shouldn't need a lawyer. That sounds simple enough, but getting that kind of documentation probably won't be easy...that kind of document means basically getting a bureaucrat to admit that they screwed up. Without that documentation, you're going to have a very difficult time winning that kind of case. It's guaranteed that the officer will have documentation that shows your suspended license at the time of the arrest.

How hard will it be getting a letter from them saying "opps"?  And exactly what should I ask for and how should I ask for it?  Beyond that, assuming they say I?m shit out of luck, what kind of fines and penalties would I be looking at?

[bing_oh]

How hard will it be getting a letter from them saying "opps"?  And exactly what should I ask for and how should I ask for it?  Beyond that, assuming they say I?m shit out of luck, what kind of fines and penalties would I be looking at?

Like I said, getting such a letter means getting a bureaucrat to say that they made a mistake. In my experience in government, nobody makes a mistake themselves...it's always somebody else's fault.

If I were in your position, I'd start exactly where you left off...with the lady who told you that she didn't know why you were under suspension and restored your driving privileges. Sounds like she might be able to give you documentation that your license was suspended in error...or at least point you to somebody who can. And, that's exactly what you need: a letter stating that the suspension was put in place in error and was, therefore, invalid. You might also get that kind of documentation from the court, since it sounds like they were the ones who sent the suspension request to the state after you missed your first court date.

As for fines and penalties, that's going to be totally dependant on your state laws and the judge. The penalties that my local municipal court judge in Ohio would give for DUS will probably not be the same as what yours will give in Illinois.

[Catman]

Like I said, getting such a letter means getting a bureaucrat to say that they made a mistake. In my experience in government, nobody makes a mistake themselves...it's always somebody else's fault.

If I were in your position, I'd start exactly where you left off...with the lady who told you that she didn't know why you were under suspension and restored your driving privileges. Sounds like she might be able to give you documentation that your license was suspended in error...or at least point you to somebody who can. And, that's exactly what you need: a letter stating that the suspension was put in place in error and was, therefore, invalid. You might also get that kind of documentation from the court, since it sounds like they were the ones who sent the suspension request to the state after you missed your first court date.

As for fines and penalties, that's going to be totally dependant on your state laws and the judge. The penalties that my local municipal court judge in Ohio would give for DUS will probably not be the same as what yours will give in Illinois.

When we make an arrest like that a certified copy of the license status at the the time of arrest is requested from the RMV.  This is more for court reasons.  Obviously the officer found that it was suspended at the time so the issue is whether the DMV/RMV was in error.  Good luck with that.

[Rupert]

What's an RMV?

[TBR]

Shot in the dark, Registry of Motor Vehicles.

[Catman]

Shot in the dark, Registry of Motor Vehicles.

[Rupert]

Ah, yes.

[Raza]

We have a DOT in PA.

[TurboDan]

We have MVC in Jersey.

[Rupert]

Motor Vehicle... ?

[TurboDan]

Motor Vehicle... ?

Commission

[Rupert]

That's a new one to me....

Washington has the DOL.

[Raza]

That's a new one to me....

Washington has the DOL.

Department of....L'transportation?

[Rupert]

Licensing. They also license hunters, boaters, etc. Very odd, of you ask me.

[dazzleman]

Connecticut has the DMV - Department of Motor Vehicles.  New York calls it the DMV also.

[Rupert]

So do Oregon and Idaho. I think it's the most common name...

[TBR]

In Texas it's the DOT, Department of Transportation.

[TurboDan]

Licensing. They also license hunters, boaters, etc. Very odd, of you ask me.

Well, the MVC does all the boat registrations in NJ, too.  Your boat registration card looks identical to your car registration card - save for a HIN (hull identification number) instead of a VIN. It also has your horsepower and fuel type on it. On our waterways, the law enforcement agency is the NJ State Police Marine Division. Only a handful of towns have police boats, mostly the larger suburban towns with tens of miles of waterfront.

As far as hunters, Fish & Wildlife take care of that.

[Cookie Monster]

Connecticut has the DMV - Department of Motor Vehicles.  New York calls it the DMV also.

+1 for California.

[dazzleman]

Have any of you guys ever had your licenses suspended?  I have not, though I got a warning letter once that another ticket could lead to suspension.

[Eye of the Tiger]

Have any of you guys ever had your licenses suspended?  I have not, though I got a warning letter once that another ticket could lead to suspension.

Twice, for canceling the insurance on cars after I sold them. Technically, my license is still suspended in South Carolina. Fuck em.

[Rupert]

Huh? Cancelling insurance after you sold the car can get your license suspended? Isn't that sort of necessary? How else is a buyer going to legally test drive the car?