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driving while on a suspended license??

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bigm77

Junior Member
What is the name of your state?
New York!!!

Hey today i got pulled over for doin 50 in a 30. The officer goes to his patrol car and comes back saying my license was suspended and im driving on a suspended license. I was not aware my license was suspended at all. I had a speeding ticket before and i went to court, they dismissed it if i do 50 hrs of community serivce, which i am currently doing. Under furthur investigation the DMV suspended my license becuase i am a minor(17 years old). But the officer gave me a ticket for driving a car on a suspended license, and speeding. He told me he would dismiss/reduce the speeding charge but wanted me to figure out why and what happend that caused my lsiense to be suspended. He took my licesnse away and escorted me back to my house. What i don't understand is, the DMV has not sent me a letter or anything that said my licesnse was suspended. I called the DMV, they stated that they did dispatch a letter for me a month ago. I DID NOT RECIEVE THIS AT ALL. I was wondering what my punishment will be when i appear in court. I' would tell the judge my story of course, what do you think the judge will tell me to do? im just worried about if i will get jailtime or a hefty fine. The officer also stated my license was suspended about 6 days prior!
 


seniorjudge

Senior Member
Q: what do you think the judge will tell me to do?

A: Have your current valid license and proof of insurance when you go to court; this will really impress the judge. If you cannot do that, then ask the DMV where they sent the notice (get it in writing) and if the address is wrong, tell the judge. If the address is right, then act all humble and stuff.




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. Ask about drug court, 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 six 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/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

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!”)

6. I was influenced by a bad crowd.

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.
 

bigm77

Junior Member
well the thing is my officer took my licesene away from me. becasue my license is suspended (without me knowing), even though the DMV said that they mailed it to my address. I did not recieve any notice of such. Suppoosedly my license is suspended for 2 months from the DMV becuase of my previous ticket. And that should end on October 20th. My court date will def be after that. Also i was reading the nysdmv website. It states when your a new driver your in a probational period for 6 moths after you pass your road test. and if you do get a ticket during those 6 months, my license would get suspended for 60 days, but its weird becuase i got my Perivious ticket(the ticket that the dmv suspended my license for) on the 7th month. So itsnt that an error from the DMV?
 

JETX

Senior Member
bigm77 said:
what do you think the judge will tell me to do?
The judge will tell you to leave and bring your parents with you. You are a child.

im just worried about if i will get jailtime or a hefty fine.
You likely will not get jail. However, you will likely get a hefty fine and added suspension time.
With any luck, the judge will also sentence you to include PROOF of attending school and getting passing grades... you need it.
 

lwpat

Senior Member
You need to talk to the clerk of court about your original ticket. If it was to be dismissed, they should not have forwarded it to the DMV. This may be a clerical mistake but of course they are not responsible.
 

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