Driver Responsibility Assessment

[mik.santoro]

Hi everybody, I'm living in CT with my wife. She was pulled over in NY because she was speeding: she was going at 65mph where the limit was 55mph because she was going at the traffic speed. That was the first time she was pulled over and since she is not from the US she was really scared, as the officer was a little aggressive. So she received a ticket for speeding and paid it immediately, because she didn't want to have problems. Then she realized that the officer said that she was going at 72mph and apparently the limit was 45mph, so we received at our home in CT a Driver Responsibility Assessment (300$$$) because she got 6 points.
Now the funny part starts: she doesn't have an American driving license (she recently received the learning permit) since she moved here recently and she can still use her international driving license (still valid for several months). Moreover, on the Responsibility Assessment her name is misspelled and and the date of birth is reversed (european format).
Honestly, I think it's completely unfair situation and if she knew about it she would have fought the ticket in the first place.
What should we do now?
Let's suppose that they catch her again in NY (quite impossible now because she is going way slower), is there any chance that a NY officer could match the data and find out that she has an suspended imaginary driving license?
What could happen in that case?

Thank you very much, I really appreciate any suggestion.

 

[Antigone*]

Hi everybody, I'm living in CT with my wife. She was pulled over in NY because she was speeding: she was going at 65mph where the limit was 55mph because she was going at the traffic speed. That was the first time she was pulled over and since she is not from the US she was really scared, as the officer was a little aggressive. So she received a ticket for speeding and paid it immediately, because she didn't want to have problems. Then she realized that the officer said that she was going at 72mph and apparently the limit was 45mph, so we received at our home in CT a Driver Responsibility Assessment (300$$$) because she got 6 points.
Now the funny part starts: she doesn't have an American driving license (she recently received the learning permit) since she moved here recently and she can still use her international driving license (still valid for several months). Moreover, on the Responsibility Assessment her name is misspelled and and the date of birth is reversed (european format).
Honestly, I think it's completely unfair situation and if she knew about it she would have fought the ticket in the first place.
What should we do now?
Let's suppose that they catch her again in NY (quite impossible now because she is going way slower), is there any chance that a NY officer could match the data and find out that she has an suspended imaginary driving license?
What could happen in that case?

Thank you very much, I really appreciate any suggestion.

I suggest your wife pay her fine.

 

[mik.santoro]

I suggest your wife pay her fine.

Thank you very much Antigone* for your prompt answer, can I ask you the reason of your suggestion?

 

[Antigone*]

Thank you very much Antigone* for your prompt answer, can I ask you the reason of your suggestion?

This fine will not go away. If she does not pay the fine now, it can turn into a warrant and then you'll have to bail your wife out of the pokey. I hope that is reason enough for her to write the check today.

 

[OHRoadwarrior]

So much for getting citizenship or renewing a visa, if she cannot even handle basic legal issues.

 

[mik.santoro]

So much for getting citizenship or renewing a visa, if she cannot even handle basic legal issues.

Hi OHRadwarrior, I appreciate your thoughts, but can you please explain my why you say that this is a basic legal issue? The name on the ticket is misspelled and the date of birth is reversed, she doesn't have a US driving license (yet), and she didn't know she had to fight a ticket, because she was relying on the honesty of the officer, who reported clearly wrong information.

 

[OHRoadwarrior]

Hi OHRadwarrior, I appreciate your thoughts, but can you please explain my why you say that this is a basic legal issue? The name on the ticket is misspelled and the date of birth is reversed, she doesn't have a US driving license (yet), and she didn't know she had to fight a ticket, because she was relying on the honesty of the officer, who reported clearly wrong information.

Both are amendable errors. Ignorance of the law is no excuse. Both are the equivalent legally of going to court with the "liar, liar, pants on fire defense".

 

[mik.santoro]

Both are amendable errors. Ignorance of the law is no excuse. Both are the equivalent legally of going to court with the "liar, liar, pants on fire defense".

I get what you mean... But that also means that you can receive a ticket even if you are below the limit, as long as the officer says the opposite, and you cannot fight because the defense can't be that different from the one that you outlined.

 

[Zigner]

I get what you mean... But that also means that you can receive a ticket even if you are below the limit, as long as the officer says the opposite, and you cannot fight because the defense can't be that different from the one that you outlined.

The defense of the ticket is a moot point. Your wife already admitted guilt.

 

[mik.santoro]

The defense of the ticket is a moot point. Your wife already admitted guilt.

Thank you everyone for your help. I tried to summarize what I understood from the previous postings. Let me know if you agree or not:

> What should we do now? Pay the ticket
> Let's suppose that they catch her again in NY (quite impossible now because she is going way slower), is there any chance that a NY officer could match the data and find out that she has an suspended imaginary driving license? Yes
> What could happen in that case? Warrant and possible jail
> In general, is there any way to fight the Driver Responsibility Assessment? No, because the original ticket has been paid, so she admitted guilt

 

[Antigone*]

Thank you everyone for your help. I tried to summarize what I understood from the previous postings. Let me know if you agree or not:

> What should we do now? Pay the ticket
> Let's suppose that they catch her again in NY (quite impossible now because she is going way slower), is there any chance that a NY officer could match the data and find out that she has an suspended imaginary driving license? Yes
> What could happen in that case? Warrant and possible jail
> In general, is there any way to fight the Driver Responsibility Assessment? No, because the original ticket has been paid, so she admitted guilt

Let's make one thing crystal clear: It is not impossible for her to get caught again. Speed is not the only factor when it comes to driving and possibly coming in contact with law enforcement.

 

[OHRoadwarrior]

I was wondering about the validity of that license. Since you did not say she was cited for it, I let it go. She certainly can be denied a drivers license and assessed the penalties for operating without one. The intelligent thing is for her not to be driving.

 

[FlyingRon]

Just because you feel it is unfair, doesn't make it so. Your wife appears to have no defense so even if you'd fought it, you'd have lost anyhow.

You are also sorely mistaken that your wife (even notwithstanding the ticket) is driving legally here. You do not just get to wait until whatever your current license expires.
You have 30 days to obtain a NY license once you become a resident there. Further, a "international drivers license" has no meaning in New York State. Her foreign license applies had she been truly a visitor (or within the 30 days grace period).

If they catch her driving, she can very well be written up and perhaps even detained for driving while suspended.
The probability we can not compute, but you're rolling the dice.

Further, attempts to change the learners into a real license may become thwarted when she goes to do that.

 

[HighwayMan]

Now the funny part starts:

Yes, it's pretty hilarious so far.

since she moved here recently and she can still use her international driving license (still valid for several months).

No she cannot. You just said she has a learner's permit. Besides, there is NO SUCH THING as an International Driving License.

Honestly, I think it's completely unfair situation and if she knew about it she would have fought the ticket in the first place.

The penalty has no bearing on guilt or innocence. If she felt she was not guilty she should have fought the ticket, period. As it turned out she admitted her guilt which is the same thing as being found guilty after a trial. She's stuck with that.

Let's suppose that they catch her again in NY (quite impossible now because she is going way slower)

No, quite possible since people do all kinds of things when they drive that will get them stopped by the police. Speeding is only one thing.

Let's suppose that they catch her again in NY... is there any chance that a NY officer could match the data and find out that she has an suspended imaginary driving license?

If she fails to pay the DRA, or ANY traffic fine in New York, the state will suspend her privilege to drive here. It makes no difference whether she has a license from NY, another state, or no license at all. Driving privilege is somewhat different from an actual license.

If she is suspended, when she is stopped she will be arrested and her vehicle towed and impounded. In New York, driving with a suspended license/privilege is a misdemeanor (i.e. a crime).

In addition, if enough time goes by NY will notify Connecticut and then her Connecticut license will be suspended as well.

 

[HighwayMan]

For the record, I arrest a large number of Connecticut drivers who feel the same way as you do. It usually doesn't work out very well.

Also, when someone hands me an International Driving Permit that always raises red flags with me and many of my co-workers. That ALWAYS invites further investigation and that will not be a good thing in your wife's case.