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DUS charge

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Katieb1114

Junior Member
I'm a resident of SC, and recently recieved a DUS charge (statute 56-1-460).

Here is the context in which I let my liscense get suspended:
- The suspenstion was effective 01-19, notice should have been sent shortly before this date
- However on the 17th I was called out of town due to my mothers medical conditions, and therefore was unaware of the suspension notice
-I had been aware that I needed to get a new policy soon but I did not know the exact date
- due to my life sitution during this period my phsical, emotional, and mental state were all completely preoccupied and distracted. I simply did not realize how much time had passed.
- 01/23 I was pulled over for a brake light being out, and it was this point that the suspension had been brought to my attention. I was arrested, my car towed, and tags removed.
- 01/24 I was released from jail, and immediatly obtained a new SR22 insurance policy.
-01/25 I called the DMV and was informed my tags had not yet been turned in by the arresting officer.

The Fines and punishment as of now:
-up to $647 fine for the ticket
-$400 to reinstate tags and licsense
-$100 to obtain provisional licsense
Indirect Consequences:
- Loss of scholarship ($6400/yr X 3yrs)
-$175 towing fee
-$600/yr increase in insurance

About me:
- 20 yr old College student (honors) *paying my own way*
- Participate in local charity through my sorority
- Mother has early unset alziemers, Father has struggled with severe depression since sophmore yr of highschool and both financially/physically in capable of assisting me

I know that was lengthly but I wanted you to have good picture in your head of my situation before asking my questions

Questions:
- Does ANY of the above information present an opportunity to lessen or even drop charges
- I drove for five days I drove under suspension but without intent b/c I didnt know I was under suspension. Would this have any effect?
-What are some points, if any, you think I should investigate or concentrate on? Or areas I may not have thought of to strengthen my arguement. Any advice would help, and thank you so much for your time, especailly if you actually read this entire post!

-Katie
 


seniorjudge

Senior Member
Katieb1114 said:
I'm a resident of SC, and recently recieved a DUS charge (statute 56-1-460).

Here is the context in which I let my liscense get suspended:
- The suspenstion was effective 01-19, notice should have been sent shortly before this date
- However on the 17th I was called out of town due to my mothers medical conditions, and therefore was unaware of the suspension notice
-I had been aware that I needed to get a new policy soon but I did not know the exact date
- due to my life sitution during this period my phsical, emotional, and mental state were all completely preoccupied and distracted. I simply did not realize how much time had passed.
- 01/23 I was pulled over for a brake light being out, and it was this point that the suspension had been brought to my attention. I was arrested, my car towed, and tags removed.
- 01/24 I was released from jail, and immediatly obtained a new SR22 insurance policy.
-01/25 I called the DMV and was informed my tags had not yet been turned in by the arresting officer.

The Fines and punishment as of now:
-up to $647 fine for the ticket
-$400 to reinstate tags and licsense
-$100 to obtain provisional licsense
Indirect Consequences:
- Loss of scholarship ($6400/yr X 3yrs)
-$175 towing fee
-$600/yr increase in insurance

About me:
- 20 yr old College student (honors) *paying my own way*
- Participate in local charity through my sorority
- Mother has early unset alziemers, Father has struggled with severe depression since sophmore yr of highschool and both financially/physically in capable of assisting me

I know that was lengthly but I wanted you to have good picture in your head of my situation before asking my questions

Questions:
- Does ANY of the above information present an opportunity to lessen or even drop charges
- I drove for five days I drove under suspension but without intent b/c I didnt know I was under suspension. Would this have any effect?
-What are some points, if any, you think I should investigate or concentrate on? Or areas I may not have thought of to strengthen my arguement. Any advice would help, and thank you so much for your time, especailly if you actually read this entire post!

-Katie

Have your license reinstated by the time you get to court OR have a hardship driving permit.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

Katieb1114

Junior Member
reinstatement

Senior Judge,
Thanks for your advice, I'm currently in the process of having my licsense reinstated. How can doing this before my court date help me in court?
 

seniorjudge

Senior Member
Q: I'm currently in the process of having my licsense reinstated. How can doing this before my court date help me in court?


A: I'm a resident of SC, and recently recieved a DUS charge (statute 56-1-460).
 

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