Suspended License

[DiZzyBonne]

Okay, so my license was suspended recently for not paying off a ticket, which I wasn't able to pay off due to my financial situation. Well, I recently started working and was able to pay off the $628 in full. The thing is, even though it cleared my bank, since I payed is through my checking account, it takes 30 days before they clear it on their side. After the 30 days, I have to go to the DMV. Anyway, I got pulled over for expired tags - which is a fix-it ticket - and the cop wrote me a misdemeanor for the license situation. When he first asked to see my license, I explained the situation and told him I payed it off in full, but since I used my checking book to pay it over the internet, I have to wait 30 days - which is almost up, I payed it on 10/17/09 - for it to clear (even though it already cleared my banking account weeks ago.) I guess my question is if I can get proof that I payed off the ticket BEFORE I got this new ticket, will the court write off my misdemeanor as if it never happened? I'm in sunny California btw.

 

[fiveohpoepoe]

Your license is still suspended by law even though you paid off the ticket that caused the suspension. After the 30 days you go to DMV and pay a fee to get your license reinstated. Then and only then are you "legal" to drive again.
Id venture to say you wont get it back now due to receiving another citation for DWLR[driving while license revoked] Might want to contact an atty

 

[DiZzyBonne]

What about the judge, if he throws it out I can then get my license back, correct?

 

[fiveohpoepoe]

Chances are he wont throw it out. Being it was suspended at the time you got pulled...anything is possible though. Get your registration taken care of either way. If you plan on trying your luck, be ready to pay some large fines and 50/50 if not worse on your license being revoked for an additional amount of time

 

[DiZzyBonne]

The only reason I was asking here was because the cop told me he didn't mind me driving around as long as I had some proof of me paying it off, which I couldn't find because it was in my E-mail. He also told me that if I showed the judge I payed it off before I got the ticket he would throw it out. The thing is it's always nice to receive other people's opinions, and what you're telling me all makes perfect sense, sadly. I guess I might as well give it a shot.

When you tell me about trying my luck and to be prepared to pay large fines, you make it sound like I won't pay them if I don't try. You confused me with that last part, what did you mean? And thanks for all your help so far.

 

[fiveohpoepoe]

No bud, not at all meaning anything negative. Im just a little more blunt so you wont have the understanding what the officer told you is 100% correct.
Yes, the judge can throw it out and when the officer tells you he doesnt mind you driving around can give you a false sense of being in the clear. In other words, he is telling you he doesnt mind if you break the law. But I would bet he will not be at another court date to swear to telling you it was ok to keep on driving.

I would prob not have a large issue with it either, but that is a chance you take when you and I would be done on a stop. The next officer might do more or less than what I would.

Just be clear, by law you are still revoked and it will be a gamble every time you decide to drive. Again, sorry to come off harsh...no intentions to and good luck

 

[black4vcobra]

When is your court date for the operating while revoked ticket? From your story, I'm gathering that you are able to get your license back before that date. Get your license back, take care of your registration and possibly consult a lawyer since this is a possible criminal charge if the judge is not willing to throwout or reduce the misdemeanor. I would think any lawyer worth a damn would be able to save your license in this case.

 

[fiveohpoepoe]

I dont think he will be able to based on it was revoked already and received another charge. DMV is notified once the ticket gets through the system. I second a consult with an atty

 

[DiZzyBonne]

My court date is some time in December, I think the 13th.

What does everybody recommend, should I plea guilty, not guilty, or no contest?

 

[FordSVTFan]

What about the judge, if he throws it out I can then get my license back, correct?

Judge's think they can throw out criminal charges, however, they cannot. Only the prosecutor can decide to "no action" a case.

 

[FordSVTFan]

My court date is some time in December, I think the 13th.

What does everybody recommend, should I plea guilty, not guilty, or no contest?

If you don't have any other criminal convictions on your record don't start now. Fight it.

 

[DiZzyBonne]

Well I had a misdemeanor last year, but I already payed off that ticket in full. It is still on my record however. Knowing that, what do you recommend I plea now?

 

[RDJ]

Well I had a misdemeanor last year, but I already payed off that ticket in full. It is still on my record however. Knowing that, what do you recommend I plea now?

As has been said 65,000 times GET A LAWYER. now that we have what MIGHT be the whole story, your having a misdemeanor on your record already does not bode well for a judge to toss or reduce anything. he will see that and count you as a scofflaw with no respect for the rules and could very well decide to teach you a very hard lesson.

 

[DiZzyBonne]

Guess I don't really have a choice. How much will a lawyer roughly run me?

 

[FordSVTFan]

Well I had a misdemeanor last year, but I already payed off that ticket in full. It is still on my record however. Knowing that, what do you recommend I plea now?

That being the case, there is no negative to pleading it out. However, I would ask for a withhold of adjudication.

 

[DiZzyBonne]

Okay, thanks for all the advice and wish me luck in court. So worst case scenario, is there a chance my license will be suspended for an additional period of time, or will I just be forced to pay additional fees? Also, if it doesn't get dismissed, does it add points, if any, towards my driving record?

Once again, I really thank everybody's help in this thread.

On a side note, none of this would have happened if I would have had a job. Not to say I wasn't looking, because I was looking every day, it just took a while to find the job that suited me. I've been paying off all my dues left and right like there's no tomorrow, and it's still difficult catching up.

 

[fiveohpoepoe]

Okay, thanks for all the advice and wish me luck in court.Good luck. So worst case scenario, is there a chance my license will be suspended for an additional period of time,Yes, there is a good chance it will be suspended for a longer period of time or will I just be forced to pay additional fees?Possible. Take a good amount of cash, I recommend at least 3 bills Also, if it doesn't get dismissed, does it add points, if any, towards my driving record? DWLR and the tag will not add points.Get the tag issue taken care of though and take ALL paperwork with you to show what you have done to try and rectify the situation.

Once again, I really thank everybody's help in this thread.

On a side note, none of this would have happened if I would have had a job. Not to say I wasn't looking, because I was looking every day, it just took a while to find the job that suited me. I've been paying off all my dues left and right like there's no tomorrow, and it's still difficult catching up.

Dress to impress..in other words, do not show up in jeans and a t shirt:idea:

 

[jshen]

Okay, thanks for all the advice and wish me luck in court. So worst case scenario, is there a chance my license will be suspended for an additional period of time, or will I just be forced to pay additional fees? Also, if it doesn't get dismissed, does it add points, if any, towards my driving record?

Once again, I really thank everybody's help in this thread.

On a side note, none of this would have happened if I would have had a job. Not to say I wasn't looking, because I was looking every day, it just took a while to find the job that suited me. I've been paying off all my dues left and right like there's no tomorrow, and it's still difficult catching up.

So you are clear on things I WILL be perfectly blunt...Do NOT drive until your court case has concluded! Officers are sometimes mistaken about what you can and cannot do..and driving on suspended license, here in GA, is an automatic trip to jail. Whatever the judge decides to do...you still have an issue with DMV and since you were ticketed while license suspended you may incur additional suspension- administratively.

 

[RDJ]

On a side note, none of this would have happened if I would have had a job. Not to say I wasn't looking, because I was looking every day, it just took a while to find the job that suited me. I've been paying off all my dues left and right like there's no tomorrow, and it's still difficult catching up.

absolutely the WORST thing you can do when you are unemployed is be picky about where you go to work. take a job flipping burgers if you have to since any job is better than no job.

 

[DiZzyBonne]

absolutely the WORST thing you can do when you are unemployed is be picky about where you go to work. take a job flipping burgers if you have to since any job is better than no job.

Yeah, I learned that the hard way. Well, I'm finally in a good steady job that pays well. Luckily, I was able to make it without affecting my credit one bit. I have just a little over two years of credit history with not one late payment on anything, and I'm sitting on a cool 690 FICO. I plan on keeping my credit score perfect so I can eventually buy a house.

As for dressing up to court, that should be a given lol. I always appear to court in my slacks, dress shirt, dress shoes, and tie. I'd be embarrassed to go to court in casual attire.