suspended license over not paying citation

[dan6924]

What is the name of your state (only U.S. law)? maryland

Need some opinion/discussion about returning a suspended license. The law/statutes say you must return any suspended license. The penalty for not doing so is 60 days/$500 potentially. The MVA shall require the return of any suspended license. The MVA's policy is:

As a courtesy, the MVA does not request the individual's license in these cases ( non payment of fines ) because once the fine is paid the suspension is lifted and the license is valid. Does that policy sound right ? or is it contrary to the law? Thousands of people are taking chances driving until they can or will pay a fine and when they get caught they get charged with driving on a suspended license!

Would appreciate any feedback.

 

[schoolmom]

Hi Dan.In NJ,it depends on what your suspended for.I was suspended for parking tickets that were not a ridiculous amount and was never told to surrender my license.I paid the tickets and restoration fee and got restored the same day.It didn't even take 15 minutes.I did everything online and called the Dmv afterwards.They pressed a button and said your free to drive again as of today.

 

[racer72]

because once the fine is paid the suspension is lifted and the license is valid.

This is not true. Once the fine is paid the suspension may be lifted but that does not mean the license is valid till it is reinstated by your state's licensing agency. This may require and reinstatement and/or other fees before your license is valid again.

 

[schoolmom]

Racer is right.You must pay the restoration fee, call them directly and wait on the restoration confirmation in the mail even if they restore over the phone like they did me.

 

[dan6924]

suspension reply

This is not true. Once the fine is paid the suspension may be lifted but that does not mean the license is valid till it is reinstated by your state's licensing agency. This may require and reinstatement and/or other fees before your license is valid again.

I agree with your reply. Md does not have reinstatement and I think they are taking liberty with the law. My point is they are allowing people to drive and pay the fine at a later date with no consequence as long as they don't get caught before they pay the fine. It is an invitation to get into trouble. Any more thoughts?

 

[asiny]

The law/statutes say you must return any suspended license. The penalty for not doing so is 60 days/$500 potentially. The MVA shall require the return of any suspended license.

Please cite your source on this.

My point is they are allowing people to drive and pay the fine at a later date with no consequence as long as they don't get caught before they pay the fine. It is an invitation to get into trouble. Any more thoughts?

Who is 'allowing' these people to drive?

If the individual, whose licence is suspended, drives and get's 'caught'- they have no-one else to blame but themselves.

 

[justalayman]

Any more thoughts?

yes, again, cite the specific law you speak of. What it says, exactly, is important.

 

[dan6924]

By not requiring the return of the license the MVA is allowing people to avoid the cost and inconvenience of getting a new license when the suspension is lifted after the fine is paid. By ofering the opportunity to avoid this consequence more people will takes their chances. I agree people who get caught are responsible for their action. My point is if the State is going to turn a small fine into a misdemeanor they have to follow the law. Do you think their courtesy is appropriate.

 

[justalayman]

Do you think their courtesy is appropriate.

it is irrelevant.

 

[dan6924]

Md Laws

Transportation 16-301 A person may not possess any suspended license.

16-301 (o) Failure or refusal to surrender license.-A person may not fail or refuse to surrender to the Administration on its lawful demand any license that has been suspended, revoked, or canceled.
16-210 (a) Surrender required. On suspending a driver's license the Administration shall require that the license be surrendered.

 

[justalayman]

Ok, now where is this "courtesy notice" that states people do not have to surrender their licenses if suspended?

You also are mistaken in your belief that not surrendering the license somehow means it is valid as evidenced in the following excerpt:

Thousands of people are taking chances driving until they can or will pay a fine and when they get caught they get charged with driving on a suspended license!

bottom line: if the license is suspended, it is irrelevant whether it is surrendered to the MVA. The card you carry (license) is not what allows one to drive. That simply represents the fact that it has been conferred upon the holder that at some time they were allowed to drive.

 

[dan6924]

the courtesy notice is in a letter I have from the MVA>
Returning the license is in effect a penalty for not paying the fine by the suspension date. Some states have invalid/restoration process that imposes a cost to restore your license. Md doesn't. From a statewide perspective the courtesy results, imo, in more court cases than if the law was enforced as in the statute.

 

[justalayman]

the courtesy notice is in a letter I have from the MVA>
Returning the license is in effect a penalty for not paying the fine by the suspension date. Some states have invalid/restoration process that imposes a cost to restore your license. Md doesn't. From a statewide perspective the courtesy results, imo, in more court cases than if the law was enforced as in the statute.

how does the notice result in more court cases?

Oh, I know. It's because there are people that drive even though they know their license is suspended. It has nothing to do with the state allowing the driver to maintain possession of the license. Don't blame the MVA for people being dumb.