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  1. #1
    susanmarie0426 is offline Junior Member
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    Driving While Suspended

    What is the name of your state (only U.S. law)? New Jersey

    I recieved a ticket in Delaware, which I neglected to pay in time. One night I was pulled over by an officer and informed he ran my plates and told me my license was suspended. I had no idea they had suspended it for non payment in Delaware. He wrote me a ticket for it obviously, with a required court appearance.

    The next day I contacted Delaware, sent them a check for the fine, and then paid the restoration fee in NJ a few days later. My license was simply restored.

    I had to postpone court twice via fax, which fax request is allowed in that township, due to caring for my elderly mother who was ill. When I requested the 3rd time, I assumed it was fine because the same precendent had followed before..meaning I never called to make sure it was postponed they just sent me a notice with a new court date. I supplied them with my contact info telling them to contact me if there was a problem.

    Instead of getting a new court date in the mail I got notice I was charged with failure to appear. When I contacted the court clerk she didnt seem to be aware of my fax, BUT I have the fax along with a confirmation.

    I went to my local police dept. posted my 500.00 bail to get the warrant pulled. Now I wait for a new court date. My concern isn't so much the fine as it is losing my liscense. What's the chance the judge will suspend my license for driving while suspended? Im a single Mom, unemployed and looking for work. I cant support my kids when my unemployment runs out if I can't look for a job.

    Worried sick that the judge will take away my license and not sure I should hire an attorney. I really can't afford an attorney at this point.

    Thanks!
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by susanmarie0426 View Post
    What is the name of your state (only U.S. law)? New Jersey

    I recieved a ticket in Delaware, which I neglected to pay in time. One night I was pulled over by an officer and informed he ran my plates and told me my license was suspended. I had no idea they had suspended it for non payment in Delaware. He wrote me a ticket for it obviously, with a required court appearance.

    The next day I contacted Delaware, sent them a check for the fine, and then paid the restoration fee in NJ a few days later. My license was simply restored.

    I had to postpone court twice via fax, which fax request is allowed in that township, due to caring for my elderly mother who was ill. When I requested the 3rd time, I assumed it was fine because the same precendent had followed before..meaning I never called to make sure it was postponed they just sent me a notice with a new court date. I supplied them with my contact info telling them to contact me if there was a problem.

    Instead of getting a new court date in the mail I got notice I was charged with failure to appear. When I contacted the court clerk she didnt seem to be aware of my fax, BUT I have the fax along with a confirmation.

    I went to my local police dept. posted my 500.00 bail to get the warrant pulled. Now I wait for a new court date. My concern isn't so much the fine as it is losing my liscense. What's the chance the judge will suspend my license for driving while suspended? Im a single Mom, unemployed and looking for work. I cant support my kids when my unemployment runs out if I can't look for a job.

    Worried sick that the judge will take away my license and not sure I should hire an attorney. I really can't afford an attorney at this point.

    Thanks!
    Put it this way... You had scheduled court appearances THREE TIMES, and have tried to postpone THREE TIMES. If one didn't know better, they might think you are simply avoiding the court appearance. While I'm sure you had better things to do, you were given sufficient advance notice each and every time of your re-scheduled appearance date - more than enough time to make alternate arrangements to have someone sit with your elderly mother while you took care of your business. The first time, I can see it not being an issue. The second time, maybe - but they accepted the excuse and gave you a rescheduled appearance date. But a third time? That's going to be seen as avoidance.

    Sure, you FAXED the request to reschedule, and you included a phone number to call if there was a problem. However, do you know how many court appearances and requests they handle each day? They aren't responsible for you not appearing, and they aren't responsible for doing the follow-up to ensure that your issue is resolved without an FTA being issued against you.

    When you appear this next time (and be sure that you WILL need to appear - don't even think about trying to reschedule it again, and make the necessary backup arrangements for someone to care for your mother in your absence this time), be prepared to explain your reasons to the judge for needing to reschedule so many times. Don't expect them to have to take the excuse from your reschedule requests, and don't expect them to take you at your word. Depending on your demeanor and how you present yourself to the judge will determine whether or not they decide to suspend your license again. I'd expect to be VERY apologetic and make the judge aware that you are very sorry that you couldn't be there.

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