Please help dont want to go to jail

[afplayerr04]

What is the name of your state?
Connecticut
Last November I was arrested for a DWI. I went to
court, used my AR had to pay a fine, and I have to do
some classes in order to fulfill the guidelines of the
AR, plus I was put on one year suspension. When I was
in court that is exactly what I was told by the Judge
during my sentencing. I was never told of any license
suspension. Now I have recently learned that you will
automatically lose your license no matter what for a
period minimum of 3 months. I know that now, but at
the time, no one told me, nor had I had any idea of
this matter. Not the judge, not any officer's I talked
to, nobody. I did not have a lawyer, I represented
myself. So everything was fine and I believe I just
had to do what the judge said, and stay out of
trouble, everything would be fine. I even drove away
from court the same day.

Now for the main reason I am writing you this email,
is because about two or three nights ago, I was
arrested again. I was pulled over in Monroe, CT at
10pm because the officer told me he could not see my
temporary license plates, that were valid. So he said
he will just give me a warning if my license checked
out. I had no idea, at all that my license was
suspended. So I was arrested, and searched. They found
nothing on me at all I had not been drinking, or
anything of that matter. They also searched my car
completely for about 20 mins, there was 3 officers
present, me and my girlfriend. I do not believe that
they had any right to search my car, seeing there was
no probable cause on me and I was cuffed in the back
of a cop car. They found nothing, but it is just the
fact of the matter, I didn't know if this is correct
action, they never asked for permission either. I'm
just wondering if this is correct procedure.

The other issue is the fact that no one ever told me
of the fact that my license was suspended. I would of
never driven if that was the case. I didn't want to
violate my probation and get arrested a second time.
Especially since I am using my AR. Plus I'm studying
JLA to enter that field, why would I want to put my
future in jeopardy? I asked the officer, and he stated
that I definitely should of received something in
court or from the judge, and also from the DMV. I
never recieved anything in court at all, my father was
also present and he had no idea of this either.

So I decided to call the DMV and ask why the paper
stating my license suspension was never received at my
house, in which I live with my parents. They said they
mailed it out, but it may have gone to my old address.
So I stated wouldn't it be forwarded to my new
address, and they said that was against the law. Now
what I don't understand is that I did change my
address, and I had the correct address on the back of
my license with a sticker from the DMV. So is it my
fault that the paper was not sent to my house? So
since I never received that letter or was told in
court how come I can be blamed for not knowing? I
don't understand. Plus during this time, I bought a
new car and got car insurance, so nothing I was doing
led me to believe that my license was suspended. I
really had no idea.

So now I have to go to court next week on the 14th and
face driving on a suspended license. Which clearly
violates my probation. I have no idea what to do, or
if any of my rights have really been violated, or if
anything is out of the ordinary.

 

[Danny_Boy]

I had gottin a AUO a wile back and i too was on probation.Basicly what happened is i had to pay a fine and probation did not violate me.

I highly dought you will go to jail over this so try not to worrie

 

[LawGirl10]

Most states (I would guess all) have a law requiring you to notify the bureau of motor vehicles of an address change when you move.

 

[fedcop110]

Well I don't know if this will help or not, but in VA for you to be convicted of driving on a suspended license you must be aware of the suspension. This can be shown in a couple of ways. First, you admit to knowing the license is suspended. Second, when I get a return on the computer (your drivers history) it may show that you were present in court when the suspension was ordered. Third, the computer shows that a notice of suspension was issued by law enforcement. The other entry that may appear is that the suspension was received by addressee. If notice was received by addressee, and you do not admit to knowledge of the suspension you can not be found guilty of the operating on a suspended license.

I have to do
some classes in order to fulfill the guidelines of the
AR, plus I was put on one year suspension

Are you talking about a suspended sentence?

I didn't know if this is correct
action, they never asked for permission either. I'm
just wondering if this is correct procedure

You were arrested. The search is incident to arrest. It is legal. It is also possible that they were doing an inventory prior to having the car towed.

 

[Alchohol_Free]

ARPlayer

The legal and law enforment posts are great advice.

Let this be a lesson learned. Most citizens don't know what the laws are. Sometimes the State may be forgiving, other times the State will take advantage of citizens not knowing the laws.

I would guess the judge didn't say anything about a suspension because you entered AR. So, the suspension is imposed by the DMV which operates as a separate and independent entity in DUI cases. Since you entered AR, the judge did not have to impose a court ordered suspension. So he/she didnt' say anything about it. The judge never said anything about license suspension in my first DUI because I entered my State's form of AR. After my second (STUPID) DUI, I took a conviction and the judge ordered a license suspension that runs concurrently with the DMV suspension.

I found out about the DMV suspension side of things by investigating the DMV laws. So, I knew about the suspension even though I never recieved anything from the DMV about it.

 

[Heather2]

I do not believe that
they had any right to search my car, seeing there was
no probable cause on me and I was cuffed in the back
of a cop car. They found nothing, but it is just the
fact of the matter, I didn't know if this is correct
action, they never asked for permission either. I'm
just wondering if this is correct procedure.

I could be wrong but it is my understanding that when you are on probation a cop has the right to search you and your belongings any time they want. I'm sure if I'm wrong I will be corrected.