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  1. #1
    Join Date
    Feb 2012
    Posts
    4

    Default Did Court Forget to File License Suspension

    My question involves criminal law for the state of: TN

    I called the TN department of safety today to request a list of items I would need to reinstate my license at the end of April after a DUI I had with a court date of April of last year. 1 year license suspension .... etc. (The judge took my license in court).

    The administrator informed me that I just had to renew it as it had expired on my birthday 2 days ago (feb.22). I went online to check the status of my license, and was informed that it was "valid". I went to the DMV, county clerk's office, and they issued me a new license and had no record that my license had ever been suspended.

    Did the court fail to file the suspension? Could I have legally driven the last 10 months? Can I legally drive now?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    7,717

    Default Re: Did Court Forget to File License Suspension

    Quote Quoting wbegg
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    Did the court fail to file the suspension?
    Seriously... How would anyone here know what the court did or forgot to do?


    Quote Quoting wbegg
    View Post
    Could I have legally driven the last 10 months?
    10 months has already passed. What difference would it make now?


    Quote Quoting wbegg
    View Post
    Can I legally drive now?
    I wouldn't! At least not without waiting until the suspension period ordered by the court has passed. And even then, not without checking with the DMV each and every time I got behind the wheel. Or you can simply check with the court and see what they tell you... But that might tip them off, you'd be better off staying in the dark about the whole thing!
    I am right 97% of the time... Who cares about the other 4%!

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,849

    Default Re: Did Court Forget to File License Suspension

    We've had some wild stories here about the late processing of suspensions, and how the DMV will often take the position that "It doesn't matter that we didn't learn of the event until a year later - your suspension starts when we get and process the paperwork." I think it's worth investigating to try to find out what's going on, and if appropriate to consult a lawyer in your state who handles driver's license appeals to try to determine a strategy for what to do if and when the suspension is imposed.

  4. #4
    Join Date
    Feb 2012
    Posts
    4

    Default Re: Did Court Forget to File License Suspension

    Thanks Knowitall for your concise and seemingly educated reply. I do have a call into my lawyer that handled my case to get his reaction and possible direction. Thanks.

    "That Guy", it's your type of smart ass replies that make me weary of posting on any forum.

    Seriously... How would anyone here know what the court did or forgot to do?
    Simple question. You didn't have to say anything.

    Could I have legally driven the last 10 months?
    Again, simple question! Just wanting to know? Why the short attitude?

  5. #5
    Join Date
    Feb 2012
    Posts
    4

    Default Re: Did Court Forget to File License Suspension

    Update: I went to the Dept of Safety today and obtained a copy of my 7 year driving record. NO DUI is indicated. This is 10 months after my conviction!

    What??

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