Suspended liscense

[mwaltman]

What is the name of your state? South Carolina

My boyfriend has a suspended Florida liscense, but lives in South Carolina. He was involved in a n accident that was not his fault, but he was issued a ticket for suspended liscence. He goes to court tomorrow. What will probably happen? Is there any chance he will go to jail? We do not have any money at this time to take with him to court, so he can't pay any fines TOMORROW.

Thank you for your help!

 

[mwaltman]

I forgot to add that his license was suspended for no insurance. Well, the vehicle that he had no insurance on is inoperable now.

 

[HomeGuru]

And he is also inoperable.

 

[mwaltman]

what does that mean? He is going to jail?

 

[HomeGuru]

He needs to stay off the roads. He not supposed to be driving. He may go to jail to make sure that he no longer is on the road.

 

[mwaltman]

well it's his first offense and the oficer told him the fine was $280.00, but he won't have it tomorrow. Is there a chance the judge will give him more time to come up with the money?

 

[dequeendistress]

He can request a time pay or maybe if applicable community service in lieu of paying the fine. He also may have the option of paying the fine with jail time...Of course the final say is the judge's call.

Second offense, isn't it? #1 suspended DL due to non payment of insurance ~Florida #2 involved in accident and cited for no DL ~ S. Carolina (DL=Drivers License) The S. Carolina offense is driving with a suspended DL
You are correct that it is the first violation for South Carolina but it is a violation due to the violation in another state.

Present the FACTS to the judge. Because your friend knew that his license was suspended and drove anyway is probably not going to impress a judge enough to waive the fine.

A license suspension in one state does not make it legal to go to another state and drive. Nor will another state award a DL to someone who holds a suspended license from another state.

http://www.lpitr.state.sc.us/code/t56c001.htm

http://www.scbar.org/LRE/Teen_Law/driving.htm#driver’s license

 

[mel32_1971]

this is mwaltman, i am at home now and have to use this id....anyway, thank you for your response. We defiantely don't need jail time, because if he is in jail, then I can't work. But anyway, we will take your advice and see what the judge says. Thanks !

 

[HomeGuru]

this is mwaltman, i am at home now and have to use this id....anyway, thank you for your response. We defiantely don't need jail time, because if he is in jail, then I can't work. But anyway, we will take your advice and see what the judge says. Thanks !

**A: why are you using another user name?

 

[mel32_1971]

because I started this at work and had to use my work email to be able to post. I don't have access to my home email at work, or my work email at home. So, I have have two ids so I could continue with this when I got home.

 

[HomeGuru]

because I started this at work and had to use my work email to be able to post. I don't have access to my home email at work, or my work email at home. So, I have have two ids so I could continue with this when I got home.

**A: you should have been able to post either way as long as you had internet connection.

 

[mel32_1971]

i couldn't, but anyway....we went to court today and the judge gave him two weeks to bring proof that he is getting his license straightened out. But there were several other cases heard before his and some had the same charges along with some others and they got reduced fines, time to pay, and community service. This judge was very cool, so , I think if we go back in two weeks and he tells the judge that he is unemployed and requests community service, he might just get it. Also, the guy that hit my boyfriend was there too, and all 4 of his charges were dismissed....go figure.

P.S. his actual charge was no state DL. and the judge had told another person that the 2nd offense for this charge is a mandatory 45 days in jail. so, needless to say, my BF won't be driving! LOL

 

[stephenk]

How come you cant work if he is in jail?

 

[mel32_1971]

Because he is my babysitter. During the week i get home before my kids get home from school, except for Fridays. I work until 5:30 on Fridays. I also work every other Saturday, and every Sunday. I can't afford daycare, plus there aren't any open on the weekends. I also have no one else who can babysit, not to mention I don't have the money to pay anyone to. The economy is so terrible here, I only work part time as it is, so I need to work every hour I can get! He hasn't been able to work in a year and a half. I was in the hospital when the accident happened. He had brought the kids up there to see me, and it was pouring down rain, and the accident happened on his way home. I just thank the Lord nobody was hurt. He doesn't ever drive, but I begged him to bring my kids to see me, so I guess in a way it's my fault all this happened. I feel responsible. Sorry for being so long winded here, just want to tell somebody!

 

[dequeendistress]

I think if we go back in two weeks and he tells the judge that he is unemployed and requests community service

I believe he should have told the judge he was unemployed at the original court date, is there a physical reason your friend is not working?

Just remember that going to court is not a game and don't try to second guess the judge, especially if you lead the court to believe you were coming back in to make restitution.