Driving Under Suspension - Wrongful Suspension???

[stephaniemcques]

Cincinnati, Ohio

Why my license are suspended:

I had just turned 17, was pregnant, and was driving my dad's car (at night). My car just died on a hill. I could not push the car up the hill (obviously) and I couldn't roll it down the hill into on-coming traffic. I turned on my flashers and got out of the car and went to the house right in front of where my car was to use the phone. I was talking on the cordless outside looking at my car. I was about 5 feet from my car when I saw someone hit my car and it flew about 15-20 feet and her car was where my car was originally. She had to have ben speeding for her to total my car the way she did. The speed limit there was only 35. My car was underneath a street light and about 30 feet from a stop light. My was was clearly visible. An officer came and said he was not going to give anyone a ticket. I showed him my dad's insurance card and my car got towed. Her insurance company called me and said that there was a witness that said he couldn't see my flashers. They tried to contact my dad's insurance company and realized his insurance wasn't in effect. I thought it was, because he told me it was, and the date was current on it. Apparently he got insurance and stopped paying on it. Certified mail came and my grandma signed for it and gave it to my dad. Inside was a court date where her insurnace company was suing me. My dad didn't tell me about it, and her insurance compant got a judgement against me for about $6,000.

NOW:

I am 18 years old. I have paid my reistatement fee and could get my license back if it weren't for the judgement. I have been caught driving under suspension. I went to court. I tried to plea no contest. I explained the situation to the judge. He said my licence shouldn't be suspended for that if she hit me. He wouldn't accept my plea of no contest and wrote me down as not guilty, and told me I have to get a lawyer and not let my life be ruined because of an injustice. I now go for a pre-trial in mid April. Any advice?

[gawm]

How is it you paid a reinstatement fee and not reinstate your license?

[lwpat]

You need an attorney to get the judgment vacated. It should be against your father, not you. If you cannot afford an attorney, try legal aid or contact the bar association for pro bono (free) help. Many agencies also offer free legal help. The judge is correct so take his advice. Waiting for your pre-trial will not help.

[stephaniemcques]

Originally Posted by gawm

How is it you paid a reinstatement fee and not reinstate your license?

I paid the reistatement fee so when I can get my license back I have already paid it.

[stephaniemcques]

Originally Posted by lwpat

You need an attorney to get the judgment vacated. It should be against your father, not you. If you cannot afford an attorney, try legal aid or contact the bar association for pro bono (free) help. Many agencies also offer free legal help. The judge is correct so take his advice. Waiting for your pre-trial will not help.

I am about to just pay for a lawyer because I'd rather pay a lawyer to take care of this than to pay her insurance company money they don't deserve.

[stephaniemcques]

Originally Posted by lwpat

You need an attorney to get the judgment vacated. It should be against your father, not you. If you cannot afford an attorney, try legal aid or contact the bar association for pro bono (free) help. Many agencies also offer free legal help. The judge is correct so take his advice. Waiting for your pre-trial will not help.

My dad's license is also suspended. The judgement (and insurance problem) was for both me and my dad. He doesn't seem to care and doesn't work, so I am stuck with the entire burden if I want my license back. I work, and don't live on a bus line. I have to walk up the hill with my daughter and get on a bus with her, the stroller, the diaper bag, ect, and pay $3.50 for zone charges each way. Then I have to drop her off at the baby-sitters and get back on the bus to go to work. I go through the same thing on the way from work. I am pregnant again. I can't go grocery shopping without paying my neighbor $20 for gas to wait for me or pay the same to a taxi. It is horrible.

[DRTDEVL]

Hmm... Complaining about needing the bus.

Baby at 17, preggo again at 18? Where is the father? Can't he take you to work?

The first step you need to take is stop getting pregnant. Life becomes so much easier to handle.

[lwpat]

Reread my post and follow my advice. There are agencies out there that should be able to help. You should be able to get your name removed from the judgment because you were a minor and/or lack of service.

[stephaniemcques]

Originally Posted by DRTDEVL

Hmm... Complaining about needing the bus.

Baby at 17, preggo again at 18? Where is the father? Can't he take you to work?

The first step you need to take is stop getting pregnant. Life becomes so much easier to handle.

For your information I am married to my children's father and he cant take me to work because he also works and his schedule clashes with mine. I love being a mother. I have no regrets about it what-so-ever. My kids are NOT my problem. My license being suspended is my problem. I feel it wrong of you to try to down me for having my babies.