sybaek3

I got my license suspended for reckless driving in VA Beach Area (Speeding 35 over)
It was for a month and the judge said that I will get my license back in 30 days.

Today, I received the license back in the mail and I was excited and ready to drive again. So I went out to drive and I randomly get pulled over! I wasn't speeding or anything but got pulled over and the cop asks if there’s anything wrong w/my license status. I replied, "No.” He then asks me if I am the registered owner and I reply that I am. He then tells me that my license is still suspended for 3 more days and that I'm driving on a suspended license. I told him that I received the license back from the judge and there was a letter that came with it which I assumed that I could drive. However, he argued that I was suspended for 30 days from the 25th which meant that I still had 3 more days before it was valid. So technically I was driving on a suspended license. He also asked me if I went to DMV to reinstate my license. I told him that I wasn't aware that I needed to do that. I told him that my honest reason was that once I receive my license, I could drive again simply because the judge told me that I will get my license back in 30 days. Not being sure of what the letter stated exactly I told him that I'll check again. He told me that he won't arrest me or tow my car, but is going to write me a summons for driving on a suspended license and he took my license away. He also told me that if the judge wrote on that letter that I can drive, then the charge will be dismissed.

So I went home and check the letter (which I didn't read because I was simply assuming that I could now drive according to what I had heard from the judge).

The letter states:

"You appeared in Chesapeake General District Court on Friday August 25, 2006. Your license was suspended for 30 days. The court will hold your license for 30 days and after the thirty days, we will mail your license back to you."

It has my signature on it along with the deputy on the day that I paid my court fines.

It does not state anything about DMV and reinstating the license. Therefore I automatically assumed that I could drive again now that I have my license. I now realize that the official date would be 3 days from now on the 25th, but I was not aware of that exact date. I was also under the impression that I could drive simply because I received the license back. The letter even states that “The court will hold your license for 30 days and after the thirty days, we will mail your license back to you.” I did not think that the court would send it earlier if it wasn't valid (again me not thinking exact date).

This is my first time being suspended. I didn’t know that I needed to reinstate the license through DMV. That might not even be true. All I know was that the judge had suspended me for 30 days and AFTER 30 days, he will send the license back to me, which made me assume that as soon as I receive my license, I will be able to drive again immediately. I believe that because technically, I am 3 days early and the license is suspended, I made a mistake. However, I feel like it was an honest mistake. The cop is saying if I get convicted, I will definitely go to jail. I’m calling up some lawyers tomorrow.

Any legal advice would help. Or any of your mommy / daddy a judge?

Wow…so unfortunate…I want to cry…



Pray for me.

ggesq

iTrader: (1)

Although I live in Florida and the traffic rules might be different here I suggest that you go to your local DMV and pay the reinstatement fee and any other costs associated with getting your license back.
Appear at your arraignment date (summons date) with the evidence that you paid the reinstatement fee along with any paperwork provided to you by the judge when you originally received your license back.
The judge most likely will reduce the DWLS charge to a no valid driver's license charge with your explanation along with your paper work.

OR

contact a local lawyer and he/she can advise you accordingly.

Please keep in mind I am from Florida and the rules and procedures here might be different for you in your state.

Good luck!

Toronto-TL

Jail time for driving with a suspended license? What part of Saudi Arabia are you in?

CobraGuy

Very unfortunate story. However, it is true that "ignorance of the law is no excuse". That being said, I can't imagine a judge not allowing some leniancy in this case. It sounds like an honest mistake.

sybaek3

Some lawyers say I might goto jail

Some lawyers say that I will be ok because I have my reasons with the letter and also them pulling me over could be used against them.

Any ideas?

kenny5

It appears that you made an honest, albeit careless, mistake. You should have read the letter carefully, and not assume what the letter would or should have said.

In any event, if this is your first offense, I guess the DMV would be more lenient and let you off the hook by paying a fine. Jail time is unlikely because the state (i.e taxpayers) would have to pay for your meals and lodging, which would be unfair to the taxpayers for your careless mistake.

The MOST important lessons are: (1) NO MORE RECKLESS DRIVING and (2) READ DOCUMENTS CAREFULLY. This is my free legal advice.

subinf

Read some of the vehicle violation laws and what the courts can impose. You can get thrown into jail for infractions that seem rather "harmless"

For the OP...easier to get an atty, gets rid of a lot of stress on your part.

LXiFLYBY

When i got a reckless driving charge (it was BS) but still, i got a lawyer, and you probably should have done so from the start.

TLTrance

In California if you drive with a suspended license you will be arrested and jailed. As you can see you don't have to be in Saudi Arabia...

Toronto-TL

In Canada, you have to steal it to go to jail

csilano

No to be cold to your situation. I think it was an honest mistake, but you could be told the ole "ignorance of the law is not an excuse to break the law." Good luck.

mrodriques

For what it's worth, I would go to the court, show the letter to the judge and explain why you thought what you thought. If the letter stated that after the 30 days the court would send you your license back, then the implication is that you should be OK when you get the letter.

Probably a situation of the courts and DMV not talking in a timely fashion.

Good Luck.

mrodriques

Any lawyer that says you can go to jail for driving with a suspended license is clearly trying to get hired. Especially in light of the letter you have. Get prepared for a fine, me thinks.

Good Luck.

coykiam

...and dont forget to bring the envelope the letter came in with...hopefully it has a postmarked date so that you have proof that you received it 3 days before you can "legally" drive back. I really think you wont go to jail for this....its all about $$$, they'll prolly just want you to pay some fines or so.

Flash80

Not necessarily. Arrested yes, jailed only if you fail to provide adequete identification to the officer or are DUI. In most cases, if you get caught driving with a suspended license in CA you'll be cited and released (with a summons).

ggesq

iTrader: (1)

In Florida, if you drive w/ a suspended license w/ knowledge, law enforcement will take you to jail.

ericajackhannahjamie?

Way to add salt to the wound! Give the guy a break would ya. I understand you're trying to make a point, but you're just making sybaek3 more worried rather than helping.

Sybaek3: It was an honest mistake but will sure make you look foolish in court. The law today really depending on each Judge. If you get a nice Judge who can over look driving with a suspended license, then you'll be ok. I agree with mrodriques: It is highly unlikely you will be put in jail for this matter. It's not a criminal offense, nor a DUI/DWI. Those lawyers are just looking to fish you in so I would not worry to much.
You were too impatient and eager to drive. You should have done some research before you started driving. The police officer should have been more understanding and simply let you go. According to your story, you weren't breaking any law so he should not have pulled you over in the first place. But then again, they always find something to pull you over for. I am terribly sorry you're stuck in a tough situation. My only advice to you is to consult a few lawyers and do a bit of research before you hire one. Also make sure you have all the documents before the court date and be on time!

sybaek3

Thanks for the advice!

I'm looking to get my license reinstated in 3 days. Lawyers say I will be able to do that since my suspension ends officially on the 25th and the recent incident is still pending. Then in November, I will go to court with a lawyer. I have a friend who is a county officer who might be able to help me out when he's back from vacation.

Wish me luck guys.

Thanks all.

Yagman

Nice judge has nothing to do with it, there are mandatory minimums in California. 3 years summary probation, $1300 fine and up to 6 months in jail. Jail time is completely unlikely on a first offense. If you didn't know it was suspended then it's a 12500 with is driving without a license. About half the fine and most judges won't even put you on probation for this. Don't worry but make sure you get your license back, it gets worse evertime you are caught.

If you get your license back before you go to court, some judges will give a reduced charge of VC 12500. And for those who say it isn't a crime, you're wrong, it's a misdemeanor. Don't give legal advice unless you know what you're talking about.

KJSmitty

In all reality the city/county mailed your license back early for a reason.... It is up to the owner of the license to know when the 30 days suspension is up - and as you mentioned, that day was set.
You received your license when you did so it would be in your hands when the 30 day maturity date arrived.. Think of the ramifications if the city "waited" until the 30 day date, "then" mailed your license back..... You would in turn get it at the 33 day point and be complaining you couldn't drive for an additional 3 days.. Or be driving without it (post 30 day suspension) etc..

As mentioned, playing ignorance may help but doesn't remove the fact that you were driving prior to the "set" 30 day suspension date..

However, I do agree that the wording;
"You appeared in Chesapeake General District Court on Friday August 25, 2006. Your license was suspended for 30 days. The court will hold your license for 30 days and after the thirty days, we will mail your license back to you."
definitely sounds like you should have received it past the 30 day point,,,, but the fact it arrived three days early should have still had you questioning it...

Good luck.


PS - hopefully I didn't mention any laws in the above ,, wouldn't want Yagman to chew me out,, being just a car forum and all.....