Not Notified of Suspensed Licenses

[jstreeb]

My question involves a driver's license issued by the State of: South Carolina.

I was recently pulled over for a speeding violation, which I cannot argue. I gave my information to the officer and he preceeded to issue me a speeding ticket. Also, he notified me that my license had been suspended 4 months prior and that he was taking my liscense away. He asked if I had known about this and I assured him I had known nothing. I preceeded to go the the DMV to discover the reason and get my liscense re-issued. The DMV then presnented me with a letter, which they claimed they had sent to me, explaining that my liscens would be suspensed if I failed to pay a fine. The fine was assoicated with failure to return a motor cycle plate in approprate time. (I was one month over-due). I never received this letter and the first time I saw it was that day in the DMV. I preceeded to pay my fines and get my drivers license reinstated. I now have court in a week and have reviewed the law regarding Driving under suspensed license. From my understanding, the police, or DMV was required to notify me of the suspension of the license. Do I have a defense if I never received the letter the DMV says they sent out? The DMV also could only produce one letter stating that I would have my liscense suspensed for failure to pay, they never sent out another letter stating that infact my license was suspensed.

In addition, the week prior the the speeding ticket, I was issued a seat belt ticket and the officer never notified me of such as suspension.

All help is appreciated.

[jk]

From my understanding, the police, or DMV was required to notify me of the suspension of the license.

does it state how notice must be made? Generally first class mail is adequate for such notifications. If they verify their records show a notice was mailed, it will be accepted you were notified.

they never sent out another letter stating that infact my license was suspensed.

does the law require them to send a second notice?

In addition, the week prior the the speeding ticket, I was issued a seat belt ticket and the officer never notified me of such as suspension.

Irrelevant.

[jstreeb]

From what I can read, in order to be considered guilty, the defendant must have been notified by the dpeartment of public safety that hsi driver's license has been cancelled, suspended, or revoked.

The letter which I never received was notifying me of fees that were accumulating related to failure to return a licenses plate for a motorcycle, and that falure to pay the fines could result in a suspension of my license. I was never notified of the license actually being suspensed.

Info found at http://www.judicial.state.sc.us/summ...L/TrafficF.thm

Do you know of other inforamtion that would be helpful?

[jk]

your link doesn't work


got the statute number?

[jstreeb]

S. C. Title 56 Chapter 1 Section 460
SECTION 56-1-460. Penalties for driving while license cancelled, suspended or revoked; route restricted license.

(A)(1) Except as provided in item (2), a person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows:

(a) for a first offense, fined three hundred dollars or imprisoned for up to thirty days, or both;

(b) for a second offense, fined six hundred dollars or imprisoned for up to sixty consecutive days, or both; and

(c) for a third and subsequent offense, fined one thousand dollars and imprisoned for up to ninety days or confined to a person's place of residence pursuant to the Home Detention Act for not less than ninety days nor more than six months. No portion of a term of imprisonment or confinement under home detention may be suspended by the trial judge. For purposes of this item, a person sentenced to confinement pursuant to the Home Detention Act is required to pay for the cost of such confinement.

(d) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, an offense punishable under this item may be tried in magistrates or municipal court.

(e)(i) A person convicted of a first or second offense of this item, as determined by the records of the department, and who is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this item, may apply for a route restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the route restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university and that he lives further than one mile from his place of employment or place of education.

(ii) When the department issues a route restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A person holding a route restricted driver's license pursuant to this item must report to the department immediately any change in his employment hours, place of employment, status as a student, or residence.

(iii) The fee for a route restricted driver's license issued pursuant to this item is one hundred dollars, but no additional fee is due when changes occur in the place and hours of employment, education, or residence. Of this fee, eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray its expenses. The remainder of the fees collected pursuant to this item must be credited to the Department of Transportation State Non-Federal Aid Highway Fund.

(iv) The operation of a motor vehicle outside the time limits and route imposed by a route restricted license by the person issued that license is a violation of subsection (A)(1).

(2) A person who drives a motor vehicle on any public highway of this State when his license has been suspended or revoked pursuant to the provisions of Section 56-5-2990 must, upon conviction, be punished as follows:

(a) for a first offense, fined three hundred dollars or imprisoned for not less than ten nor more than thirty days;

(b) for a second offense, fined six hundred dollars or imprisoned for not less than sixty days nor more than six months;

(c) for a third and subsequent offense, fined one thousand dollars and imprisoned for not less than six months nor more than three years;

(d) no portion of the minimum sentence imposed under this item may be suspended.

(B) The Department of Motor Vehicles upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the department shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to his license being reinstated. If the conviction was for a charge of driving while a license was revoked, the department shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.

(C) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.

- - - Updated - - -

I guess this answers my question? I can just hope the judge is leient, unless you have another suggestion

SECTION 56-1-360. Form and proof of notice.

When notice is required concerning a person's driver's license, the notice must be given by the Department of Motor Vehicles by depositing the notice in the United States mail with postage prepaid addressed to the person at the address contained in the driver's license records of the department. The giving of notice by mail is complete ten days after the deposit of the notice. A certificate by the director of the department or his designee that the notice has been sent as required in this section is presumptive proof that the requirements as to notice of suspension have been met even if the notice has not been received by the addressee.

[jk]

I guess this answers my question? I can just hope the judge is leient, unless you have another suggestion

SECTION 56-1-360. Form and proof of notice.

When notice is required concerning a person's driver's license, the notice must be given by the Department of Motor Vehicles by depositing the notice in the United States mail with postage prepaid addressed to the person at the address contained in the driver's license records of the department. The giving of notice by mail is complete ten days after the deposit of the notice. A certificate by the director of the department or his designee that the notice has been sent as required in this section is presumptive proof that the requirements as to notice of suspension have been met even if the notice has not been received by the addressee.

yep, that would be what I was suggesting.