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  1. #1
    Join Date
    Jan 2007
    Posts
    5

    Exclamation DWLS First Offense

    Okay, I really need some input on this. Here's the story...

    Apparently my husbands VA licence was suspended for failure to turn in tags, which we never knew until he got pulled over in a work truck vehicle working in VA ( after recently moving to MD). The cop wrote him a ticket for "no licence in possession" and took his licence...and went on his way, he was never arrested...this happened 2/2006.

    We had just moved to MD when this happened and we had to get his MD licence and since we did not have a physical licence, we had to get him a letter of clearance from the state of VA saying that he was free and clear...so we went to VA payed 600 dollars for what we thought payed for everything, included the ticket mentioned above. 3/06, he got his MD licence and went on his way. A few weeks later he got a notice of suspension and we figured it had just crossed in the mail, since the clerk at the DMV said that we had paid everything. Being two immature 20 year olds, we never looked into it...

    Since then, we have gotten insurance on our car, and we never had any idea his licence was suspended.

    Yesterday, while driving in VA we were pulled over for having a radar detector, which we just forgot to disconnect, and his licence came back suspended. The cop actually had my husband sit in passenger seat of the cop car while he was on the phone with whoever getting an arraignment date which is actually this Thursday. The cop and the woman on the phone couldn't figure out why exactly it was suspended and their was a mention of never paying a reinstatement fee when getting the letter of clearance, but we were told we did not have to pay it b/c we were NOT getting a VA licence back, we just wanted to pay and get the letter and get the MD licence. He was not arrested, BTW. I was told to drive and that was it.

    So now, he is being arraigned this Thursday, we absolutely cannot afford a lawyer, and we are TERRIFIED of the possibility of jail time for driving while suspended b/c he will lose his job and we have a 2 year old and a 2 week old to provide for.

    Does ANYONE have any advice or have anything similiar happen to him??? And can anyone tell me what the real possibility of him going to jail is??

    I found online that he could serve up to 6 months and pay a fine up to 1000 dollars and an additional suspension of up to 90 days.

    I do not want my husband to go to jail, especially over this.

    Thank you so much for reading this and any info/advice would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,775

    Default Re: DWSL First Offence

    He got a notice of suspension and ignored it... youthful mistake or not, he had notice of the suspension. If your husband takes care of the suspension and goe to court, valid license in hand, to explain the situation to the prosecutor, there's a good chance the charge would be significantly reduced or even dropped. He may wish to consult a criminal defense lawyer.

  3. #3
    Join Date
    Jan 2007
    Posts
    5

    Default Re: DWSL First Offence

    Thank you very much. We are going to find out why in fact it was suspended, pay it and have all of his privelages to drive in VA restored. Thank you very much for your help.

  4. #4

    Default Re: DWSL First Offense

    Paying the fines to the court does not reinstate your license. This is a common misconception. You have to also pay a reinstatement fee to the DMV. Pay the fee and get the suspension lifted prior to court. Show the court his valid MD license and maybe they will drop the charges with payment of court costs, usually about 250.00.

  5. #5
    Join Date
    Jan 2007
    Posts
    5

    Default Re: DWLS First Offense

    Thank you very much. A lot of people don't pay those reinstatement fees and it causes more problems.. I paid it.. it actually went up 40 dollars but is taken care of nonetheless. His court date is coming up and we have all of your infor and his licence is completely valid. I a,m mainly afraid of the fact that it is a class 1 misdemeanor and I am afraid of him getting jail time...especially b/c that means that he will miss our little girl's first easter and we will not have any income while he's in jail as I stay home with our children.... I can't wait for this to all ve over with.

    Also, am I allowed to go with him?? Of course I wouldn't speak and would dress presentable as well..but can I go for supprt??

    Thank you and please excuse the typos..I'm trying to hold my daughter and type...LOL

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