What is the name of your state (only U.S. law)? Colorado
Background: About a year ago (February 2011) I was driving without insurance (totally my fault, couldn't afford it) and got pulled over. I took care of that and had to have an SR-22 on file with the DMV for (I think) 3 years, and I believe I had to get my license reinstated. Well, I let my insurance lapse again (my fault, couldn't afford it) last november, and got caught the day after the suspension (bad timing on my part, roommate lost the letter, but still my fault).
The second ticket is what I'm currently dealing with. That ticket was driving without insurance and expired registration without a valid driver's license. I took care of the registration, and the insurance, and I went through all the trouble of getting my license reinstated - I received my new license February 23rd.
I had a court date scheduled for March 2nd but accidentally put it in my calendar as March 22nd. I filed a motion to dismiss the warrant right after I found out, and it was approved on March 27th, with a new court date of April 13th. Well, on April 13th I had put on a nicer pair of pants and left my wallet in the other pair, so I didn't have my license with me as proof, so they told me to come back May 4th (this Friday).
Now, here's where my real problem is: apparently, when I had the warrant canceled on March 27th, they charged a $30 cancellation fee. I didn't receive any notice of this (verbally, in the mail, written, nothing). I even went and talked to the County Clerk about my case on April 13th (right after talking to the DA) and was then told there was a $30 fee from the warrant cancellation - however, they said nothing about having a deadline to pay by, they just told me to pay it before my final court date or anything I pay to the court will be applied to the warrant cancellation last, and that would cause my license to be canceled. I had decided to pay it this paycheck (on Wednesday, two days before my court date) to make sure it wouldn't be a problem.
However, yesterday (April 29th) I got pulled over again (impeding traffic while picking up a hitchhiker) and I was notified that my license was cancelled by the DMV on April 23rd. They physically took (kept) my license at this point and gave me a DR 2190 Proof of Service, and charged me with Driving Under Restraint (Cancel/Deny). Again, I had not received any notification, any letters, nothing saying I had to pay it by any date besides my final court date, and nothing about losing my license, except (again) that I had to pay it by the final court date.
When I went to my first court date (in December 2011) I signed (and have a copy of) an advisement form from the court that states at the bottom "Payment of all fines and costs are due by 4:30 on the day of sentencing", which is Friday.
The DMV is telling me I have to get a "Proof of Payment of OJW dated 4/23 or earlier" if I want to get my license back without waiting 30 days, and without paying another $100. However, I have not paid it and I don't imagine the court would falsify documents for me.
So, here's my question: since I was never notified of any earlier payment date, and since I was never notified my license would be cancelled/suspended/revoked, and since I was told by the courts that I had until 4:30 pm on the date of sentencing (which hasn't come yet),
(1) Was it truly valid for them to cancel my license,
(2) Is this somehow my fault? (I would have gladly paid the fine immediately, even if I had to borrow the money, if I had known that my license would have been suspended),
(3) Is there anything I can do to resolve this before my court appearance on Friday? (If I don't have my license then, they said any deals I've made with them are off the table)
(4) Is there any way to have the driving under revocation removed from this latest ticket?
Background: About a year ago (February 2011) I was driving without insurance (totally my fault, couldn't afford it) and got pulled over. I took care of that and had to have an SR-22 on file with the DMV for (I think) 3 years, and I believe I had to get my license reinstated. Well, I let my insurance lapse again (my fault, couldn't afford it) last november, and got caught the day after the suspension (bad timing on my part, roommate lost the letter, but still my fault).
The second ticket is what I'm currently dealing with. That ticket was driving without insurance and expired registration without a valid driver's license. I took care of the registration, and the insurance, and I went through all the trouble of getting my license reinstated - I received my new license February 23rd.
I had a court date scheduled for March 2nd but accidentally put it in my calendar as March 22nd. I filed a motion to dismiss the warrant right after I found out, and it was approved on March 27th, with a new court date of April 13th. Well, on April 13th I had put on a nicer pair of pants and left my wallet in the other pair, so I didn't have my license with me as proof, so they told me to come back May 4th (this Friday).
Now, here's where my real problem is: apparently, when I had the warrant canceled on March 27th, they charged a $30 cancellation fee. I didn't receive any notice of this (verbally, in the mail, written, nothing). I even went and talked to the County Clerk about my case on April 13th (right after talking to the DA) and was then told there was a $30 fee from the warrant cancellation - however, they said nothing about having a deadline to pay by, they just told me to pay it before my final court date or anything I pay to the court will be applied to the warrant cancellation last, and that would cause my license to be canceled. I had decided to pay it this paycheck (on Wednesday, two days before my court date) to make sure it wouldn't be a problem.
However, yesterday (April 29th) I got pulled over again (impeding traffic while picking up a hitchhiker) and I was notified that my license was cancelled by the DMV on April 23rd. They physically took (kept) my license at this point and gave me a DR 2190 Proof of Service, and charged me with Driving Under Restraint (Cancel/Deny). Again, I had not received any notification, any letters, nothing saying I had to pay it by any date besides my final court date, and nothing about losing my license, except (again) that I had to pay it by the final court date.
When I went to my first court date (in December 2011) I signed (and have a copy of) an advisement form from the court that states at the bottom "Payment of all fines and costs are due by 4:30 on the day of sentencing", which is Friday.
The DMV is telling me I have to get a "Proof of Payment of OJW dated 4/23 or earlier" if I want to get my license back without waiting 30 days, and without paying another $100. However, I have not paid it and I don't imagine the court would falsify documents for me.
So, here's my question: since I was never notified of any earlier payment date, and since I was never notified my license would be cancelled/suspended/revoked, and since I was told by the courts that I had until 4:30 pm on the date of sentencing (which hasn't come yet),
(1) Was it truly valid for them to cancel my license,
(2) Is this somehow my fault? (I would have gladly paid the fine immediately, even if I had to borrow the money, if I had known that my license would have been suspended),
(3) Is there anything I can do to resolve this before my court appearance on Friday? (If I don't have my license then, they said any deals I've made with them are off the table)
(4) Is there any way to have the driving under revocation removed from this latest ticket?
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