Driving on Suspended License

[ajritter04]

What is the name of your state? New Mexico

My husband was driving on a suspended license....the thing is we thought we had fixed that cause the state took MY tax refund which equalled 3200....the exact amount the state wanted for his behind CS. What can he except from the judge when he goes to court in july?

[JETX]

Originally Posted by ajritter04

What can he except from the judge when he goes to court in july?

A very large fine... and hopefully a few days (or longer) in the county jail.

[AHA]

Originally Posted by ajritter04

What is the name of your state? New Mexico

My husband was driving on a suspended license....the thing is we thought we had fixed that cause the state took MY tax refund which equalled 3200....the exact amount the state wanted for his behind CS. What can he except from the judge when he goes to court in july?

That's the problem with assuming that a lot of things are automatic without making a couple of quick phonecalls to find out for sure.

[ajritter04]

Originally Posted by JETX

A very large fine... and hopefully a few days (or longer) in the county jail.

Hopefully??? What the hell is your deal?

HE pays his support on time most of what he's paid on is the intrest on the CS which is around 87% This isn't really CS cause we haven't gone to court for that....its actually what the state paid out to his ex who never could be bothered to get off her ass and work for a living. He's now paying it back to the state not to the ex. So dont judge unless you know the person ok? OK...Now AHA our court date is 7/6/06 can I just call the court and see what the normal is? After alot of pleading and begging a family member that we haven't talked to in over a yr.....(see previous posts about his mom) She has agreed to pay the whole amount of what is owed to the state and also pay for a paternity test for said child. I'm just wondering if we show that its all been paid in full about $8,000 worth he wont have jail time. Just hoping.

Now to the other ass hats...he isn't a dead beat....he did support the child until the mother said that he isn't the birth father she just picked him cause he had the most money at the time the mother also admitted to sleeping with several men at the same time. So he has doubts( who wouldn't?) we have offered to pay for paternity tests the mother just plain refuses saying that she has nothing to prove and wont bring the child for a test. He also has no problems supporting myself or our 2 children he busts ass to support us. So he isn't a typical dead beat.

[OGofCRIMINALLAW]

Well, it would've been nice to know you weren't supposed to be driving (been there, done that, got the tee-shirt). Basically, if you can show that your license was NOT SUSPENDED at the time of the stop, you'll be IN LIKE FLYNN. So here's what you can do:

If you feel your license was, in fact, re-instated at the time of the alleged violation stop, you need to call DMV or the state capitol (some states this applies) and find out exactly when (the day and time) they REINSTATED it. If that's on file, have them fax or mail a copy to you. Make sure it includes evidence that it was reinstated because the CHILD SUPPORT ARREARS had been paid.

Providing you're kool on that part, you'll be set. This means that you are in COMPLIANCE by the time of the court date--and in fact, you always were, it just hadn't showed up in the system yet (which can be the case) when you were stopped.

Take this paperwork including your own tax forms that shows where the state INTERCEPTED your tax refund for child support (just in case to show that you had PAID) to the court date.

The burden is on the state to show that you had been NOTIFIED of the suspension. They can't just suspend your license without letting you know ahead of time because that would violate 14th amendment guarantee of DUE PROCESS. So this means you should have received a letter in the mail to that effect. The state needs to show when and where they sent it to.

So long story, short: go to the court date armed with that the pape work and info and you should be aiiight, if you were always in compliance at the time of the stop.

Worst case scenario: YOU WERE NOT IN COMPLIANCE, you'll have to pay a fine (maybe a big one, possible jail time if you plead guilty--one can always go to trial....so see what the state is recommending for punishement too which may be less harsh than making them take you to trial). If the judge truly feels you thought you were legal, he may show mercy (that depends on the judge tho).

I work in the CRIMINAL JUSTICE SYSTEM as a INVESTIGATIVE REPORTER; and as a PARALEGAL for a CRIMINAL DEFENSE ATTORNEY, so im in COURT just about everyday for one reason or another--and I've seen this work too many times too count, however, just as often, i've seen people go down in flames when their facts or story wasn't good.

VIEL GLUCK!

[Shay-Pari'e]

[quote=OGofCRIMINALLAW]Well, it would've been nice to know you weren't supposed to be driving (been there, done that, got the tee-shirt). Basically, if you can show that your license was NOT SUSPENDED at the time of the stop, you'll be IN LIKE FLYNN. So here's what you can do:

If you feel your license was, in fact, re-instated at the time of the alleged violation stop, you need to call DMV or the state capitol (some states this applies) and find out exactly when (the day and time) they REINSTATED it. If that's on file, have them fax or mail a copy to you. Make sure it includes evidence that it was reinstated because the CHILD SUPPORT ARREARS had been paid.

Providing you're kool on that part, you'll be set. This means that you are in COMPLIANCE by the time of the court date--and in fact, you always were, it just hadn't showed up in the system yet (which can be the case) when you were stopped.

Take this paperwork including your own tax forms that shows where the state INTERCEPTED your tax refund for child support (just in case to show that you had PAID) to the court date.

The burden is on the state to show that you had been NOTIFIED of the suspension. It is obvious he was notified, otherwise he wouldn't have thought it was reinstated.

They can't just suspend your license without letting you know ahead of time because that would violate 14th amendment guarantee of DUE PROCESS. So this means you should have received a letter in the mail to that effect. The state needs to show when and where they sent it to.

So long story, short: go to the court date armed with that the pape work and info and you should be aiiight, if you were always in compliance at the time of the stop.

Worst case scenario: YOU WERE NOT IN COMPLIANCE, you'll have to pay a fine (maybe a big one, possible jail time if you plead guilty--one can always go to trial....so see what the state is recommending for punishement too which may be less harsh than making them take you to trial). If the judge truly feels you thought you were legal, he may show mercy (that depends on the judge tho).

I work in the CRIMINAL JUSTICE SYSTEM as a INVESTIGATIVE REPORTER; and as a PARALEGAL for a CRIMINAL DEFENSE ATTORNEY, And you spell and type like a second grader? Hard to believe anyone would hire you as their typist.

[ajritter04]

Well being how the only luck luck we're having lately is bad luck(oh well) All of our documents Marriage license, past tax documents, kids birth ccertifs, EVERYTHING was destroyed in a flash flood so we have nothing....we're calling CSED today to get the total amount owed and his mom said she is going to pay it all today( I about fell off my chair when she offered that) My husband hasn't talked to his mom in over a yr! So when I found out he could possible be going to jail I called only to let her know....my intention wasn't to get anything out of her just to let her know....well she was really glad I did that they finally had it out and het let off all the anger he had towards her and she apoligized for everything and then offered to pay for everything.

[ajritter04]

Well we had our court date and seeing how my husband will be getting his license back next wk the court advisors told him to plea not guilt and they will set a court date for a trial...if before the trial date he gets his license back then the whole case will be dismissed! Which is awesome cause next wk my husband gets his license back and he was told it wouldn't go on his record.

[gawm]

Originally Posted by ajritter04

Well we had our court date and seeing how my husband will be getting his license back next wk the court advisors told him to plea not guilt and they will set a court date for a trial...if before the trial date he gets his license back then the whole case will be dismissed! Which is awesome cause next wk my husband gets his license back and he was told it wouldn't go on his record.

Just because he is getting his license back NEXT WEEK does not mean he wasn't driving on a suspended license. In fact it means quite the opposite. Once they set a court date they are not going to just dismiss it because he got it back after the fact. The judge might do it, but then again he might not. Good luck with that!

[ajritter04]

Originally Posted by gawm

Just because he is getting his license back NEXT WEEK does not mean he wasn't driving on a suspended license. In fact it means quite the opposite. Once they set a court date they are not going to just dismiss it because he got it back after the fact. The judge might do it, but then again he might not. Good luck with that!

Well He took his reinstated license and the paper work from the state and MVD proving he has paid all back cs support at once and guess what numb nuts? The case was dismissed and his record was cleared. The case is closed, and if I recall in my FIRST post I said he was driving on a suspended license UNKNOWINGLY!

[The Occultist]

There is no need for insulting anybody, or for you to take a high-handed attitude here. The FACT of the matter is you got extremely lucky, because the judge did NOT have to dismiss anything. Glad it worked out for you this time, just be smart and follow through on everything in the future.