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I was ticketed (but not arrested) for driving with a suspended licesce. What can I ex

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MidwestDrummer

Junior Member
What is the name of your state? Nebraska

Last night (actually this morning at 12:51 AM) I was pulled over for expired tags. I admitted I had had a couple of drinks at Brother's (downtown Lincoln), and willfully submitted to a field sobriety test, because I knew I hadn't had that much, and though nervous at being pulled over I was still confident I would have no trouble passing. I did all of the things I was asked to do, and though the officer never gave a definitive pass or fail response, I was told I would still be asked to perform a breathalyzer test. I was asked to sit in the back of his car because I guess there's some sort of 15-minute waiting period before you take the test. After waiting a few minutes, I took the test. The legal limit in Nebraska (if I remember correctly) is .08, and I blew a .041, which is obviously well below the legal limit. I was showing absolutely no signs of being intoxicated, both prior to being pulled over, and in my demeanor during the traffic stop. Upon calling in my plates, the officer discovered that I was driving on a suspended license. It had been suspended when my insurance coverage lapsed, and I had kind of just ben ignoring it (very ignorant, yes I know).

Long story short, the officer ticketed me for the following:

- Suspended License
- No Insurance
- No Valid Registration (expired in April 2007, but not renewable without proof of insurance)

Like I said, he ticketed me, but did not arrest me. The dinger, though, was that my car was towed, and now sits at Capitol Towing until I can show them (Capitol Towing) a valid driver's license and valid registration. Of course, with these offenses, I was not ticketed a dollar amount, but instead assigned a court date. This leads me to my ultimate question:

What type of penalty am I looking at, for the charge of driving on a suspended license?

I already know there will be cash fines for the no insurance and no registration violations, but what about my suspended license violation? Am I looking at a hefty fine? Extended license suspension? Probation? Jail time? I have already begun the process of lifting the suspension of my license, as of today. I know that I have to:

Step 1: Regain auto insurance coverage (DONE)
Step 2: Renew my vehicle registration at the DMV
Step 3: Pay the $50 license reinstatement fee

  • Prerequisite: Wait mercilessly for the DMV to receive the SR-22 from my auto insurance company

Step 4: Pick up my car from Capitol Towing

  • Prerequisite: Renew my vehicle registration and unsuspend my license

I'm sure all of the above with be all for naught right after my court date, but I need a vehicle ASAP. Any insight/information regarding my predicament would be greatly appreciated.

Thanks!
 


FlyingRon

Senior Member
You've pretty much got it. The charge for driving while suspended in NE seems pretty minor provided it wasn't suspended as a result of DUI or other court action.
 

MidwestDrummer

Junior Member
When you say I've "pretty much got it," and that "The charge for driving while suspended in NE seems pretty minor provided it wasn't suspended as a result of DUI or other court action," what exactly do you mean? No, the original suspension wasn't because of a DUI or any other alcohol related incident. The reason it was originally suspended is like this:

Back in June of 2006, I was stopped for speeding (32 in a 25 zone). At the time of that stop, I had a valid license, but no auto insurance and no registration. As a result of that ticket, I had to go to court and I paid fines for those two violations, and my license was suspended at that time. I WAS ALso told that if/when I took all of the necessary steps to get my license back, that I would need to maintain proof of financial responsibility (keep auto insurance) for 3 years straight, and that if at any time it was canceled, the DMV would be automatically notified, and my license would automatically be suspended again. Well, after that June court date, my license remained suspended until September of 2006. That was when I: 1. regained my auto insurance coverage 2. renewed my vehicle registration and 3. Payed the $50 reinstatement fee and got my license back.

Every thing was spiffy until approximately 2 months later. I let my insurance payment lapse, and they canceled my coverage. When my insurance was canceled, the insurance company automatically notified the Nebraska DMV, and my license was automatically suspended. That's the way it has been all the way up to this most recent ticket I received just a couple of days ago.

Will the judge possibly look at my actions at regaining my auto insurance, renewing my registration, and unsuspending my license favorably if it's all done before my court date? Is it al relative, depending on who my judge is, and how lenient they are? Since the ticket, I have regained insurance, and I'm simply waiting for the DMV to receive my SR-22, so that I can complete all the steps in getting my license back. According to my auto insurance company it shouldn't take more than a couple of days for them to receive the document.

Thanks again for your help!
 
Last edited:

gawm

Senior Member
A few years ago, I got pulled over with simular charges. Max fines were about $3500. I got my license reinstated, my tags current, and insurance before my court date. The prosecutor drop the charges to no license or registration in car (both civil) and I paid $200.
I don't know if you can expect the same, but it will be a lot better for you to have those things taken care of BEFORE your court date. Good luck!
 

xylene

Senior Member
alternatives

Step 1: Regain auto insurance coverage (DONE)
Step 2: Renew my vehicle registration at the DMV
Step 3: Pay the $50 license reinstatement fee

  • Prerequisite: Wait mercilessly for the DMV to receive the SR-22 from my auto insurance company

Step 4: Pick up my car from Capitol Towing

  • Prerequisite: Renew my vehicle registration and unsuspend my license

Thanks!
Do you have a title? If so have the vehicle picked by a tow service to a private garage. A vehicles does not need to be registered to be reclaimed in such a manor. A friend with a flatbed is a damn good friend :D (I know)

Also you should check on your insurance company about the SR-22. Generally speaking no actual form is sent, rather a batch file (or 'tape') of the reports.
 

MidwestDrummer

Junior Member
Update!

UPDATE!

As for all of my violations, as of 3 days ago, I can say everything has been updated and/or renewed. I have:

- Regained insurance coverage - I made sure to put a copy of the proof of insurance in my car
- Unsuspended my license - I had my insurance company send a SR-22 to the NE DMV and I paid the $50 reinstatement fee
- Renewed my vehicle registration - After I unsuspended my license I went down to the NE DMV and renewed the registration

I have copies of all of the paperwork, and definitely do plan on taking copies of everything with my to my court date, so I can be prepared if/when the judge asks to see it all. Are there any more recommendations as far as me being prepared goes?

One question I have is, how do I find out who the prosecutor of my case is, and how do I get a hold of them? I would definitely be interested in making an appointment and possibly working out a deal prior to the court date. If it helps, everything is taking place in Lincoln (Lancaster County), NE. The website is: http://www.lincoln.ne.gov/Cnty/discrt/index.htm

Many thanks go to everyone for all the information you've been able to provide!
Zach
 

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