Driver's License Suspended

[recentlybecameschleprock]

Last year I received a speeding ticket in NC, which I kept forgetting to pay (I live in PA, was moving to NC and then changed my mind). Eventually, PA suspended my license, which I didn't realize at first. I finally took care of the ticket and NC sent the info to PA for reinstatement. I got a letter last week that said I needed to send in my license and pay the $25 restoration fee, which I did on 8/10. On 8/11 I was pulled over for an obstructed license plate (no numbers were covered, it was a plate that has been on for 5yrs+ from the dealership. This area is known for the cops pulling you over for everything - I know, I used to live in the small town, however, I wasn't thinking straight - coming home from hospital visit w/ my mother - otherwise I would have taken I-95 home. I did ask as soon as he approached the car, since I knew I was driving the speed limit, seatbelt on, no cell phone, etc. I had to tell him that I didn't have my license, so he gave me a ticket and had the car towed. I was going to pay the ticket, but he said that I would lose my license for a year if I did that. He said I could go to court and explain my situation. So, my question is, do I get a lawyer or represent myself? And if I do it myself, what suggestions do you have?


Thanks,

D

[Mr. Knowitall]

So, my question is, do I get a lawyer or represent myself?

If you are comfortable representing yourself, then you can represent yourself. Otherwise get a lawyer. I would suggest at least consulting a lawyer.

And if I do it myself, what suggestions do you have?

Take proof of the restoration of your license, and the receipt or cancelled check as evidence of when the payment was received.

[recentlybecameschleprock]

Thanks, will do. One thing though , I haven't received my new license yet, still waiting, but it's only been a week. They wouldn't have already suspended it for a year, would they? If I don't have it back, should I try and reschedule the date? Next question - and I don't know if you can ask it here or not - does anyone know a good lawyer in PA to do a consult with? I am afraid of just opening the phonebook and picking one.

[blewis]

First, don't drive without a valid license.

OK, that said, did you get a ticket for the obstructed plate?

If not, and if the plate is, indeed, NOT obstructed (I would take pictures of it -- if you could do it at the same time of day with the same kind of weather, that would be great), you may be able to catch a break. Take three sets of prints into court with you. One for the judge, one for the prosecutor, and one for yourself. I usually do 8 x 10's.

Have the officer testify that he/she pulled you over for "obstructed plates", then present the pictures.

The idea is to get the judge to agree that your plates were not obstructed. Basically, if there was no probable cause, you should not have been stopped in the first place. In that case, everything subsequent should be dismissed, as well.

But, the whole defense hinges on how clearly your plates can be seen. Since that might not fly, I'd take all the documentation about your license, especially the letter telling you to send in your old one, with you. As Mr. Knowitall said, take your restored license or some proof that you sent in everything you were supposed to. Finally, I'd strongly advise talking this whole thing over with an attorney who is familiar with traffic law. Talk to your friends to see if they can give you a referral.

Good luck,
Barry

[recentlybecameschleprock]

Thanks -

Nope, no ticket for an obstructed license. Only ticket issued was driving under suspended license. You can clearly see all the numbers on the plate I will take pics - the 05 sticker is up part way underneath the dealer's advertisement plate cover, but you can still see the year. He followed me for awhile before he pulled me over. I did get an email confirmation that they rec'd my restoration fee on 8/18 and it may take up to 6 days to process it, but after that it will be restored, so I will have that documentation at least by the court date, if not my actual license.

[blewis]

That's what I figured. Next time hand-carry your license to the DMV and get it reinstated on the spot rather than mailing it in. It's worth taking a day off work to do that when you consider the fine, towing costs, and maybe another one-year suspension.

But, I think the officer's advice was good. Plead your case -- technically, the suspension was lifted, only the bureaucratic paperwork hadn't been completed yet. Paying the towing costs should be sufficient punishment for this transgression.

Barry