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  1. #1
    Join Date
    Jun 2006
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    2

    Default Can a Judge From a Different State Suspend a Driver's License

    I received a speeding ticket in Wisconsin and paid the ticket, only to receive a notice from the municipal court judge saying I had not paid the total due. I placed a phone call to the municipal judge and had a discussion with him. I asked how it was possible to pay a fine and then be asked to pay more. First he said it was a "rookie cop", then said it was a "clerical error" on my ticket. Additionally, my DOB was wrong on the summons. Well, I became, to quote the judge "lippy." Even so, to make it go away, I sent in the remaining amount with a letter explaining why I was upset and because I was out of town, missed the deadline by two days (deadline to pay the added on fine). The next day I receive a notice from the same judge, saying I hadn't paid the fine, and "your privilege to drive in Wisconsin has been suspended for 30 days for the violation." "Vindictive and Big deal", I thought, I don't need to be in Wisconsin for 30 days anyway. Fast forward 8 months to today and I did have to be in Wisconsin. Got stopped for speeding (again!) - and discovered I was driving with a suspended license, got a ticket with a hefty fine due. The judge was vindictive, nothing said I had to reinstate my license. Should I fight it? Can a judge suspend a drivers license in this case? I am beginning to hate the state of Wisconsin. (I live in Minnesota).

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,109

    Default Re: Can a Judge From a Different State Suspend a Driver's License

    Wisconsin can suspend your right to drive in their state. Apparently they did so when you failed to pay the entire fine that the judge thought you should have paid. You can always hire an attorney and fight it, or you can jump through whatever hoops they ask you to.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3

    Default Re: Can a Judge From a Different State Suspend a Driver's License

    Anytime your license is suspended, you have to pay a reinstatement fee to that state's DMV. The suspension letter with instructions should have come from them. An attorney should be able to get the violation dropped and the speeding fine reduced.

  4. #4
    Join Date
    Nov 2005
    Posts
    310

    Default Re: Can a Judge From a Different State Suspend a Driver's License

    Quote Quoting lwpat
    Anytime your license is suspended, you have to pay a reinstatement fee to that state's DMV. The suspension letter with instructions should have come from them.
    I agree with you, but that is not the case. You correctly alluded in your first post to the fact that the OP's driving "priveleges' were suspended and NOT his license. Therefore there was no suspension letter which the OP can confirm.

  5. #5

    Default Re: Can a Judge From a Different State Suspend a Driver's License

    For this to happen the judge would send the information to the DMV and the DMV should have notified the OP. The judge can order a suspension but the DMV is the one that actually suspends.

  6. #6
    Join Date
    Nov 2005
    Posts
    310

    Default Re: Can a Judge From a Different State Suspend a Driver's License

    Quote Quoting lwpat
    For this to happen the judge would send the information to the DMV and the DMV should have notified the OP. The judge can order a suspension but the DMV is the one that actually suspends.
    Fundamental to this is that one must have had a driver's license in that state to begin with. The OP didn't, so only his driving privileges were suspended. What is so hard to understand?

  7. #7
    Join Date
    Jun 2006
    Posts
    2

    Default Re: Can a Judge From a Different State Suspend a Driver's License

    Thanks for the posts. The notice I received from the judge said "your privilege to drive in Wisconsin has been suspended for 30 days for the violation." I did not received any letter from the DMV nor id the notice say anything about reinstatement. I, too, thought it was my "privileges" not my license, until I got stopped the second time, they ran my license, and said it was suspended.

  8. #8

    Default Re: Can a Judge From a Different State Suspend a Driver's License

    Fundamental to this is that one must have had a driver's license in that state to begin with.
    Not true. Your license gives you the right to drive in all states but any state can suspend that right in their state. They can also request that your state completely suspend your license. A license suspension can only be reinstated by the DMV after you pay a fee. Usually you have to be reinstated in whatever state issued the suspension and then by the DMV in your home state. Clearing it up with the court is not sufficient.

    What is so hard to understand?
    I have no idea.

  9. #9
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Can a Judge From a Different State Suspend a Driver's License

    Lwpat makes a good point that in my experience many who have received traffic tickets and end up with their license suspended miss this step and then drive around with a license that is still suspended. If a Court orders reinstatement of a license that has to be followed up with some sort of communication from the Court to the DMV--oftentimes in the form of a reinstatement letter--that you have taken care of your business before that Court to get the license reinstated. I'd usually then have my clerk transmit it to DMV but sometimes the driver would want to take it directly from Court over to DMV itself.

    And you have to remember that only clears the matter up for that Court--if it is suspended out of another Court you have to go through the same litany there. And you are usually going to have to pay some type of a reinstatement fee (if the suspending Court ordered the fee waived DMV would honor that in my jurisdiction). At the end of the day you should check with DMV that your license has been taken off suspended status.

    The driver must also remember there are some matters relating to license suspension that generally cannot be cleared up by a Court such as where DMV has done something administratively to suspend the license. In my jurisdiction examples would be excessive points, failure to establish proof of financial responsibility involving an accident, failure to pay a reinstatement fee, etc. Those issues have to be resolved with DMV itself.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,109

    Default Re: Can a Judge From a Different State Suspend a Driver's License

    Quote Quoting graceg4444
    Thanks for the posts. The notice I received from the judge said "your privilege to drive in Wisconsin has been suspended for 30 days for the violation." I did not received any letter from the DMV nor id the notice say anything about reinstatement. I, too, thought it was my "privileges" not my license, until I got stopped the second time, they ran my license, and said it was suspended.
    It may be a semantic issue.

    Let's say, for instance, you are driving from your state through mine and failed to clear a citation in my state of California. The DMV would suspend your "privelege" to drive. They would assign you a license number (for filekeeping purposes - often referred to as an "X Reference number") and would list that license as "suspended or revoked" and would provide the CVC authority section on the printout. If you were stopped by an officer in CA and presented even a valid license from your home state, you would still be guilty of driving on a suspended license in CA.

    So, while you were never actually given a formal license, the privelege may take the language and effective form of actually having been issued one.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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