Driving While Suspended in another state

[Mike703]

What is the name of your state? OH

First let me clarify that I am a resident of VA but currently facing charges of driving on a suspended license in the state of OH. I was pulled over for speeding on the 18th of April. The officer had notified me at that time that my license had been suspended by VA on the 16th and that I would have to appear in court at some place in Ohio that I had never previously heard of (Orrville?). The next day I contacted the VA DMV to find out why my license was suspended and the reason was that I had changed auto insurance providers earlier in the week. I currently have to file an SR-22 through whatever insurance company I am with. I did make the agent aware of this and told that it would be taken care of at the time I signed up. However, it was not and when my old policy expired the DMV placed an immediate suspension on my license. At this time I would like to mention that the state of VA only gives notice of a suspension through written notice sent through the US mail, which I recieved on the 22 of April (The envelope was postmarked on April 18). After finding out the nature of the suspension, I immediately contacted my insurance carrier to find out why the SR-22 was not filed as I had requested. I was told that the policy was initiated by the corporate office and they did not do SR-22 paperwork. If I was to do that, I would have to contact a regional agent (why I was not told this when I first asked I do not know). After being told this, I managed to locate a local agent and had them fax a SR-22 document on my behalf to the VA DMV and also paid their $85 reinstatement fee in order to get my license back. This all was done on the 19th and 21st of April.

Since my financial situation is a bit iffy at best, I tried to contact the court clerks to see if they would have any knowledge as far as removing the requirement to appear in court. They told me to contact the county prosecutor to see if there is anything that could be done. I got in touch with the prosecutor's secretary who advised me to send in any related paperwork that I had and let the prosecutor look it over and he would contact me. I did as was told and never got a response.

So, having said all that....

I went to court yesterday and the prosecutor and magistrate seemed to have every intention of seeing this out and taking this to the fullest extent (Had to ask for a trial just to keep from going to jail). This makes me a little nervous as I would like not to go to jail because I changed my insurance provider. What really worries me is that my past driving record has not been the best with past suspensions, and have previously been charged with the same offense back in 2003 (charges were later dropped when I was able to show a valid license).

I do plan on consulting an attorney regardless, but would like to get some additional feeback from this site as to what else I can do on my part.

[xylene]

When you say you 'changed insurance', do you mean that the coverage lapsed? At any time?

Because you must ensure continuous coverage.

If you change carriers, you have to provide proof of coverage and not not allow your old carrier to lapse before that proof is on record.

I suggest you consult a lawyer. There is potential jail time.

An innocent mistake, and a mistake in the past, to a judge these fact could be wrongly construed that you are a habitual offender.

[Mike703]

Originally Posted by xylene

When you say you 'changed insurance', do you mean that the coverage lapsed? At any time?

Because you must ensure continuous coverage.

If you change carriers, you have to provide proof of coverage and not not allow your old carrier to lapse before that proof is on record.

I suggest you consult a lawyer. There is potential jail time.

An innocent mistake, and a mistake in the past, to a judge these fact could be wrongly construed that you are a habitual offender.

There was no lapse in coverage, the new company way to pick up where the old left off...the only issue with that is the SR-22 was not filed with the rest of the policy, so there would have been a 3 day lapse for that.

[Mike703]

Originally Posted by xylene

When you say you 'changed insurance', do you mean that the coverage lapsed? At any time?

Because you must ensure continuous coverage.

If you change carriers, you have to provide proof of coverage and not not allow your old carrier to lapse before that proof is on record.

I suggest you consult a lawyer. There is potential jail time.

An innocent mistake, and a mistake in the past, to a judge these fact could be wrongly construed that you are a habitual offender.

Unfortunately I am currently facing a 6 month sentance, is it possible to serve the time in my home state? Or will I have to serve the time in the area i'm going to court??

[seniorjudge]

Q: will I have to serve the time in the area i'm going to court??

A: Yes.

[Mike703]

So no other comments??