• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can this be overturned?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

genelk512

Junior Member
What is the name of your state? PA

My wife purchased a car yesterday. The dealer called today and stated that her license was expired. We had moved around the time her license expired and figured it was lost in the mail. She went to a local place that does instant renewels and found that her license is suspended. It was suspended because about 2 years ago she had a speeding ticket she forgot to pay. She was stopped and thats when we found it was suspended due to non-payment. She paid the outstanding ticket and the driving while suspended violation and we were told all would be well. PenDOT NEVER sent anything after that to say it was suspended. The info she received from PenDOT at the renewel place was the suspension was to begin Dec of 2003.

Can we get a local lawyer to appeal this or have it taken care of? Can they take the car back because of this?
 


lwpat

Senior Member
When your license is suspended just paying the fines to the court does not reinstate your license. She needs to contact the DOT and find out what she needs to pay to have the suspension lifted.
 
S

seniorjudge

Guest
Q: Can we get a local lawyer to appeal this or have it taken care of?

A: You cannot appeal; your rights to appeal ran out a long time ago. Yes, you can hire a lawyer to take care of it but you will have to do the same thing whether you have a lawyer or not: get your license back by completing whatever requirements are necessary and then start paying insurance rates at about ten times what you are paying now.


Q: Can they take the car back because of this?

A: What does this have to do with buying a car?
 

genelk512

Junior Member
All fines have been paid. If we never received a notice in the first place how can the appeal be past?

The dealer did call and made her take the car back. They said she needed a current license to purchase it. the salesman quoted Patriot Act of 2001.
 
S

seniorjudge

Guest
genelk512 said:
All fines have been paid. If we never received a notice in the first place how can the appeal be past?

The dealer did call and made her take the car back. They said she needed a current license to purchase it. the salesman quoted Patriot Act of 2001.
The Patriot Act!? Oh, brother. I mean, oh BIG BROTHER!

It was suspended because about 2 years ago she had a speeding ticket she forgot to pay.


Have y'all moved or otherwise changed addresses since she forgot to pay the ticket? In any event, the court is not required to give you anymore notice than the traffic ticket. If you don't take care of it from that point, you suffer the consequences, as you are sadly finding out now.
 

genelk512

Junior Member
All fines were paid. We moved 8 months after notice was supposedly sent. There is NO ticket. When we contacted PennDOT after the fine was paid they told us everything was OK. The suspension supposedly started 3 months after all fines were paid in FULL.

She has had 2 traffic violations in the past 10 years(thats as far as PennDOT goes). The laws of PA state that she can get an exemption if the person shows a good prior driving record or hardship.

Why can the dealer make us take the car back? The salesman is saying picture identity which she has but says it HAS to be a drivers license. My wife works with the Patriot Act all the time and it does not require a drivers license but PROOF of identity.
 

CdwJava

Senior Member
It may be the company policy to require a license, or it might be state law. I know that whenever I but a car they ask for my valid license as well.

And the Patriot Act has NOTHING to do with any of this.

- Carl
 

Bravo8

Member
Conviction or a plea of guilty will result in the suspension of her driver's license for an additional year.

I'm going to speculate that when you moved, you probably didn't notify PennDOT in the allotted time, and therefore the notice of suspension was sent to the old address. It's not PennDOT's fault....it's yours (or hers, actually).

The suspension period does not start to toll until PennDOT receives her physical driver's license, so the date of December 2003 may or may not be valid (PennDOT isn't always the best at keeping control of these records..... :rolleyes: ).

Even if the suspension period has expired, she must pay a restoration fee ($25 I think), or the license will remain suspended until she does.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top