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.
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.
Quote from: Xer0 on March 15, 2009, 05:35:02 PM
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.
Quote from: Soup DeVille on March 15, 2009, 05:41:04 PM
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.
Quote from: Laconian on March 15, 2009, 05:38:19 PM
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
Quote from: Xer0 on March 15, 2009, 06:14:10 PM
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.
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.
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.
Quote from: bing_oh on March 16, 2009, 07:13:29 AM
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.
Quote from: bing_oh on March 16, 2009, 07:13:29 AM
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?
Quote from: Xer0 on March 17, 2009, 07:46:48 AM
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.
Quote from: bing_oh on March 17, 2009, 08:22:01 AM
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.
What's an RMV?
Shot in the dark, Registry of Motor Vehicles.
Quote from: TBR on March 17, 2009, 09:50:58 PM
Shot in the dark, Registry of Motor Vehicles.
:ohyeah:
Ah, yes.
We have a DOT in PA.
We have MVC in Jersey.
Motor Vehicle... ?
That's a new one to me....
Washington has the DOL.
Quote from: Psilos on March 19, 2009, 07:23:54 PM
That's a new one to me....
Washington has the DOL.
Department of....L'transportation?
Licensing. They also license hunters, boaters, etc. Very odd, of you ask me.
Connecticut has the DMV - Department of Motor Vehicles. New York calls it the DMV also.
So do Oregon and Idaho. I think it's the most common name...
In Texas it's the DOT, Department of Transportation.
Quote from: Psilos on March 19, 2009, 07:56:49 PM
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.
Quote from: dazzleman on March 19, 2009, 08:06:02 PM
Connecticut has the DMV - Department of Motor Vehicles. New York calls it the DMV also.
+1 for California.
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.
Quote from: dazzleman on March 20, 2009, 08:47:41 PM
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.
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?
Quote from: Psilos on March 20, 2009, 09:56:10 PM
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?
In South Carolina, the insurance company notifies the DMV immediately if you cancel your car insurance OR even just change insurance companies. If you did not also notify the DMV, your license gets suspended.
Incident #1 - I drove my Pontaic LeMans from South Carolina to Mississippi, en route to Korea. I left my Focus with my dad in Maine, and had the Focus insurance switched to his policy. As soon as that happened, the South Carolina DMV sent me a letter notifying me I had two weeks to turn in the plates for the Focus, or my license will get suspended. The problem is, I was in Mississippi and having my mail forwarded. To top it off, I got hit by hurricane Katrina. Suffice to say, I never got their notice in the mail until long after the deadline. I had been unknowingly driving with a suspended license for about two months before I ever got it. When my orders to Korea got cancelled, I went back to SC, and was faced with an ugodly license reinstatement fee. I had to pay it, even after providing them proof of no gap in insurance coverage had occurred, and after explain to them that I was TDY out of state where I was hit by a hurricane. Fuck em.
Incident #2 - I sold my Duster to a friend just a day or so before I moved from SC to Maine. I cancelled the insurance, but in the whole chaos of moving, the whole DMV bullshit never crossed my mind. About a month later, I get a letter from the SC DMV forwarded to me in Maine stating that my license has been suspended. Well, tough shit SC, because I have a Maine license now. Fuck em.
That is fucking dumb.
Quote from: NACar on March 20, 2009, 10:12:33 PM
In South Carolina, the insurance company notifies the DMV immediately if you cancel your car insurance OR even just change insurance companies. If you did not also notify the DMV, your license gets suspended.
Incident #1 - I drove my Pontaic LeMans from South Carolina to Mississippi, en route to Korea. I left my Focus with my dad in Maine, and had the Focus insurance switched to his policy. As soon as that happened, the South Carolina DMV sent me a letter notifying me I had two weeks to turn in the plates for the Focus, or my license will get suspended. The problem is, I was in Mississippi and having my mail forwarded. To top it off, I got hit by hurricane Katrina. Suffice to say, I never got their notice in the mail until long after the deadline. I had been unknowingly driving with a suspended license for about two months before I ever got it. When my orders to Korea got cancelled, I went back to SC, and was faced with an ugodly license reinstatement fee. I had to pay it, even after providing them proof of no gap in insurance coverage had occurred, and after explain to them that I was TDY out of state where I was hit by a hurricane. Fuck em.
Incident #2 - I sold my Duster to a friend just a day or so before I moved from SC to Maine. I cancelled the insurance, but in the whole chaos of moving, the whole DMV bullshit never crossed my mind. About a month later, I get a letter from the SC DMV forwarded to me in Maine stating that my license has been suspended. Well, tough shit SC, because I have a Maine license now. Fuck em.
Those are just paperwork mix-ups, not an earned license suspension.
Maybe BenzBoy will be the first? :tounge:
NACar, are you sure that your Maine driver's license is valid? A suspended license in one compact state usually follows you to another compact state...that's one of the purposes of the Interstate Drivers License Compact, to prevent people from getting their license suspended in one state and then just going to another state to get a new license and avoiding the consequences of whatever got your license suspended in the first place.
Quote from: bing_oh on March 21, 2009, 06:32:36 AM
NACar, are you sure that your Maine driver's license is valid? A suspended license in one compact state usually follows you to another compact state...that's one of the purposes of the Interstate Drivers License Compact, to prevent people from getting their license suspended in one state and then just going to another state to get a new license and avoiding the consequences of whatever got your license suspended in the first place.
There was a period when he was getting a ticket every other week with his Maine license, and nothing more came of it, so it probably is valid.
Quote from: dazzleman on March 21, 2009, 06:35:14 AM
There was a period when he was getting a ticket every other week with his Maine license, and nothing more came of it, so it probably is valid.
:evildude:
If I already had a Maine license before SC "suspended" my non-existent SC license... well, like I said, fuck em.
Quote from: NACar on March 21, 2009, 06:54:29 AM
:evildude:
If I already had a Maine license before SC "suspended" my non-existent SC license... well, like I said, fuck em.
Is your Maine license in good standing, with all those tickets you've gotten Nick? :lockedup:
Quote from: dazzleman on March 21, 2009, 06:55:28 AM
Is your Maine license in good standing, with all those tickets you've gotten Nick? :lockedup:
I only got a warning the last time I got pulled over, and the cop was really pissed, so I can only assume...
Quote from: NACar on March 21, 2009, 06:57:52 AM
I only got a warning the last time I got pulled over, and the cop was really pissed, so I can only assume...
...or maybe you paid him off. :devil:
Quote from: bing_oh on March 16, 2009, 07:13:29 AM
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.
Agree. Basically, you missed court and got suspended. I'm surprised they didn't issue a warrant for your arrest for missing court- they do here. Because a judge ordered you suspended you will probably lose this one.
Rohan - While his license was suspended correctly for forgetting to go to court, it sounds like he paid the fine and had it reinstated before he was pulled over for the speeding ticket in this incident, meaning the reinstatement just never made it through the computer system.
Simply paying the fines for the violation(s) is often not enough- most SOS's or DMV's require reinstatment fees and sometimes other administration fees as well. For instance- if you get suspended for not going to court here you'll have to pay the court costs and fines plus their administrative fees and then you have to go the SOS office and pay the reinstatement fees plus the driver responsibility fees. I'm guessing his license being suspended wasn't just a mistake- but who knows I was wrong one time years ago maybe it happened here to? :huh:
:lol:
Quote from: rohan on March 22, 2009, 09:58:59 AM
Simply paying the fines for the violation(s) is often not enough- most SOS's or DMV's require reinstatment fees and sometimes other administration fees as well. For instance- if you get suspended for not going to court here you'll have to pay the court costs and fines plus their administrative fees and then you have to go the SOS office and pay the reinstatement fees plus the driver responsibility fees.
I guess I forgot to mention that, I did mail them the forms of compliance along with my re-instatment fee ($70 here). They mailed it back, check and all, when I called and the person on the other end mentioned that it was a mistake. Thats the confusing part
QuoteI'm guessing his license being suspended wasn't just a mistake- but who knows I was wrong one time years ago maybe it happened here to? :huh:
:lol:
Keeping my fingers crossed lol
Well I can't speak for Illinios but here if you're suspended by the judge the state can't simply decide it's a mistake- but good luck either way.
Update:
So, I just got back from my court date and a pretty smile and a spiffy shirt later and the charges were completely dropped. I showed the judge and the prosecutor all of forms that I had; the notice of compliance, the reinstated license, the refund of my reinstatement fee, etc, and she simply dropped the charges. Partly because it was all taken care of in a timely fashion (the license itself was reinstate within a week of getting the original ticket itself) and partly because I had complied with it such a long time ago anyway. Either way, I'm pretty happy.
How will this affect your insurance rates?
Quote from: Xer0 on March 27, 2009, 10:48:01 AM
Update:
So, I just got back from my court date and a pretty smile and a spiffy shirt later and the charges were completely dropped. I showed the judge and the prosecutor all of forms that I had; the notice of compliance, the reinstated license, the refund of my reinstatement fee, etc, and she simply dropped the charges. Partly because it was all taken care of in a timely fashion (the license itself was reinstate within a week of getting the original ticket itself) and partly because I had complied with it such a long time ago anyway. Either way, I'm pretty happy.
Nice work. We had one like this over the summer but it was about suspended insurance instead of a license. Almost the same facts and the prosecutor dropped the charge instantly when she heard the story saw the paperwork.
Quote from: HEMI666 on March 27, 2009, 11:49:20 AM
How will this affect your insurance rates?
No clue, but I don't think it will have any effect on them since it was just dropped. Or rather, I should say, I hope.
Quote from: MaxPower on March 27, 2009, 12:38:56 PM
Nice work. We had one like this over the summer but it was about suspended insurance instead of a license. Almost the same facts and the prosecutor dropped the charge instantly when she heard the story saw the paperwork.
Yeah, I was surprised just how easily they dropped it. Being polite and actually making an atempt to fix it too I'm sure helped aswell
On a side note, on that day alone there were six cases for prostitution. Me and my dad were pretty shocked.
Quote from: Xer0 on March 27, 2009, 03:44:38 PM
On a side note, on that day alone there were six cases for prostitution. Me and my dad were pretty shocked.
Haha, court is pretty interesting - always something interesting going on. I used to have to go a lot when I worked for the newspaper. I loved sitting back and listening to all of the cases.
Quote from: Xer0 on March 27, 2009, 03:44:38 PM
No clue, but I don't think it will have any effect on them since it was just dropped. Or rather, I should say, I hope.
Yeah, I was surprised just how easily they dropped it. Being polite and actually making an atempt to fix it too I'm sure helped aswell
On a side note, on that day alone there were six cases for prostitution. Me and my dad were pretty shocked.
So you got your ticket dropped and you got a date all at the same time? Not a bad day's work...
Quote from: bing_oh on March 28, 2009, 06:50:13 AM
So you got your ticket dropped and you got a date all at the same time? Not a bad day's work...
Let's hope he doesn't end up like the Shamwow guy..... :lol:
Quote from: TurboDan on March 27, 2009, 08:33:21 PM
Haha, court is pretty interesting - always something interesting going on. I used to have to go a lot when I worked for the newspaper. I loved sitting back and listening to all of the cases.
It is pretty interesting. Last time I was in court for a speeder, I was almost disappointed that they took my case and got me out of there so fast. It was pretty entertaining.
Quote from: dazzleman on March 28, 2009, 08:33:46 AM
It is pretty interesting. Last time I was in court for a speeder, I was almost disappointed that they took my case and got me out of there so fast. It was pretty entertaining.
I was in court once and let's just say I really felt out of place. I was dressed nice and looked clean-cut. The other clientele? Not so much.
Quote from: IrishGuy on March 28, 2009, 06:12:09 PM
I was in court once and let's just say I really felt out of place. I was dressed nice and looked clean-cut. The other clientele? Not so much.
And you probably got treated better as a result. In that situation, it's good to stand out in a good way, and not blend in the dirtbags that they're used to dealing with day in and day out.
Quote from: dazzleman on March 28, 2009, 06:14:39 PM
And you probably got treated better as a result. In that situation, it's good to stand out in a good way, and not blend in the dirtbags that they're used to dealing with day in and day out.
Yeah, I told them how my charge was reduced (even though the officer never let them know). The judge told the officer to take me aside and take care of it for me.
Quote from: IrishGuy on March 28, 2009, 06:17:24 PM
Yeah, I told them how my charge was reduced (even though the officer never let them know). The judge told the officer to take me aside and take care of it for me.
What was the ticket that your dad helped you out with, or a different one?
Quote from: dazzleman on March 28, 2009, 06:25:06 PM
What was the ticket that your dad helped you out with, or a different one?
No idea what you mean - I got out of it based on my good looks :nutty:
:ohyeah:
Quote from: IrishGuy on March 28, 2009, 06:12:09 PM
I was in court once and let's just say I really felt out of place. I was dressed nice and looked clean-cut. The other clientele? Not so much.
I know. I can't believe just how scumy some of these people look when they go to court. I wasn't full blown crazy with a shirt and tie but I did have a nice button down, slacks, and dress shoes on, shaven and hair all nice and pretty. In comparison, people were in shorts, flip flops, stained shirts, etc. Looking like you actually care about being there would probably go a long way toward getting some lineincy from the judge
I agree. Looking as if you take the court appearance seriously (even if you don't) goes a long way in getting leniency.
Quote from: IrishGuy on March 28, 2009, 06:12:09 PM
I was in court once and let's just say I really felt out of place. I was dressed nice and looked clean-cut. The other clientele? Not so much.
Haha, yeah same here. The last time I went to court (for myself) was a speeding ticket in 2004. I wore a suit, and one guy asked me if I was his lawyer that he had hired over the phone and hadn't met yet. :lol: :praise:
Quote from: TurboDan on March 29, 2009, 11:52:20 PM
Haha, yeah same here. The last time I went to court (for myself) was a speeding ticket in 2004. I wore a suit, and one guy asked me if I was his lawyer that he had hired over the phone and hadn't met yet. :lol: :praise:
That's classic.
Quote from: dazzleman on March 20, 2009, 08:47:41 PM
Have any of you guys ever had your licenses suspended?
Yes, several times... Generally, failure to appear, as well as lapses in insurance (intentional and unintentional). Also there was a time where I switched insurance companies, but the state didn't get notice for whatever reason.
Quote from: L. ed foote on April 01, 2009, 10:04:53 AM
Yes, several times... Generally, failure to appear, as well as lapses in insurance (intentional and unintentional). Also there was a time where I switched insurance companies, but the state didn't get notice for whatever reason.
You're always sticking it to the man, Foote..... :lol: