ticketed for driving on a suspended license (but I wasn't driving)??? (lawyer, home) - Minneapolis - St. Paul - Minnesota (MN) -Twin Cities - City-Data Forum

chosen1one · 03-26-2012, 04:42 PM

OK, So i have a few questions to throw out here at the city-data MINNESOTA community.

my driver's license was suspended for 30 days this past winter. It is now reinstated, I have received my new license in the mail, and I am back to driving and enjoying life as a licensed citizen! However, I was ticketed the FIRST NIGHT of my suspension, and I have an upcoming court appearance.

Basically, I was home for winter break (I'm a 20 year old college student) and had a girl over at my house. It was about 1:15 AM, and the impulsive kid inside of me decided it would be fine if I quickly drove her home. Easy, right? Anyways, I haven't even made it out of my neighborhood when my engine stops. As we are sitting on my neighborhood street, wondering if we should just walk back to my house, a police officer drives up the street, sees us, then swings around and puts on his lights. He comes up to the window, I tell him about my engine trouble and hand him my license. It had not even been suspended 24 hours, and I there I was with a citation for driving on a suspended license, sitting in my immobile car, in my own neighborhood, less than 100 yards from my house. Like I said, I served my suspension diligently and completed all necessary reinstatement procedures.

I am a 20 year old college student, great kid, not a trouble-maker by any means, and I'm just looking for some answers. I turn 21 this summer, and going back to school without a license, a 21 year old license, is a horrifying thought. Also, I have a full-time job lined up during the summer, and I NEED the money that it is offering.

I wasn't putting other motorists in harm, I wasn't driving on a public highway, and I technically wasn't "operating" my vehicle. I'm planning on hiring a lawyer (and expecting to drain my bank account) but I need to do EVERYTHING I can to avoid another license suspension. I was curious to see if anyone knows any information on situations such as this. Maybe I can do community service, or be put on driving "probation" where I can't get a traffic ticket for the following X number of months, etc.

I understand that driving is a privilege, but I am willing to do everything in my power to avoid getting another suspension. HELP!!

golfgal · 03-26-2012, 05:15 PM

It's the same thing if they found a drunk driver along the side of the road with engine trouble. The car got there somehow. You were driving with a suspended license. If you are honest with the judge, tell him it was stupid to drive your girlfriend home, and that you are willing to do community service and he might go easy on you. The fact of the matter is, you did something along the way to get your license suspended and that isn't going to play in your favor but if you are humble and apologetic, it might help.

Mark_22 · 03-26-2012, 06:33 PM

You describe yourself as a "great kid" and "not a trouble maker." So I'll ask the question everyone who reads your post will be thinking. Why was your license suspended in the first place? Was it because you forgot to pay a parking ticket? Or was it because you did something really stupid like get a DWI? If it's the former then being humble and apologetic might work, and I would hope the judge would go easy on you. If it's the latter, then quite honestly you deserve what you get and you should go buy a bus card.

chosen1one · 03-26-2012, 06:42 PM

Thanks for your response. I don't have any DUI's or DWI's, and I have read some stories online saying that instead of a suspension, many judges will give a 6-12 month driving probation with revocation or possibly jail time as a penalty for another violation. I'm just hoping my judge is in a good mood during my court date!

chosen1one · 03-26-2012, 06:57 PM

@ Mark_22

Well, my license was suspended because I was ticketed for possessing 1.6 grams of pot in a motor vehicle, which is over 1.4 grams-the amount that leads to a suspension. I agree, if the judge thinks I'm just a misguided stoner then I'll be out of luck. I'm not justifying my wrong-doing whatsoever, just trying to keep a sliver of hope alive that i still have a chance in this.

MsAnnThrope · 03-26-2012, 07:10 PM

It's like this - in Aus and from the sounds of things Minnesota, if you are behind the wheel of your car you are in charge of it. There used to be a loophole here about having the keys or not but I think they've closed that now and its black and white. Anyway none of that matters as you've admitted to breaking the law for the second time. It is irrelevant if it was just a short drive, just your first night of suspension....you broke the law and breached a condition of the court. Simple. Suck it up and learn the lesson you apparently didn't learn the first time round. They will probably not look kindly on you so if I were you I would front up, apologise to the judge, say you realise how stupid you were and are horrified at your own behaviour. THEN maybe they will be kind.

You have to realise that breaking the law is a dumb thing to do and will lead to bad things, also that if you MUST break the law (as a fellow smoker, I get it) then do it in the safety of your own home, NOT on a public highway.

Good luck. You sound like a good kid about to learn a tough lesson.

JanND · 03-26-2012, 07:11 PM

You should talk to an attorney asap. Make sure he knows the previous charges. If you got a plea on your first suspension, that may carry over to this DUS. An attorney that you trust, ask friends....and get some help. My son lost his for exhibition driving, didn;t have an attorney, didn't tell mom about ticket...thought he could man up and take care of things himself. Get some help...

MsAnnThrope · 03-26-2012, 07:26 PM

Quote:

Originally Posted by JanND

You should talk to an attorney asap. Make sure he knows the previous charges. If you got a plea on your first suspension, that may carry over to this DUS. An attorney that you trust, ask friends....and get some help. My son lost his for exhibition driving, didn;t have an attorney, didn't tell mom about ticket...thought he could man up and take care of things himself. Get some help...

By all means get COMPETENT legal advice (not so easy) but be careful with "lawyering up". It screams avoidance and for small charges like this will cost a lot of money and may well just annoy the judge as it will appear you are trying to wriggle out of the charges. Your original post is FULL of excuses and "ifs" and "buts". Face your crime, do the time. Throwing yourself on the mercy of the courts may be more effective than a smarmy lawyer and will show you deserve a second (third) chance. However, I am speaking from Australia, our court system works differently and for some minor courts you aren't even allowed legal representation, you have to speak for yourself.

chosen1one · 03-26-2012, 08:32 PM

alright, first of all, I haven't made any excuses. I made an impulsive, immature decision...if my verbiage was a little too one-sided, I apologize. You may be right-a judge may view my hiring of an attorney as avoiding the problem face-on, but he COULD recognize the fact that I completed all reinstatement procedures, as well as going to school to receive higher education, then hiring a lawyer so I can try to help myself maintain and stay the course towards a successful life.

uptown_urbanist · 03-26-2012, 08:43 PM

Quote:

Originally Posted by golfgal

It's the same thing if they found a drunk driver along the side of the road with engine trouble. The car got there somehow. You were driving with a suspended license. If you are honest with the judge, tell him it was stupid to drive your girlfriend home, and that you are willing to do community service and he might go easy on you. The fact of the matter is, you did something along the way to get your license suspended and that isn't going to play in your favor but if you are humble and apologetic, it might help.

I'm no lawyer, but I agree with Golfgal on this one and think this is solid advice. Talk to the attorney, but from a pure "make a good impression" standpoint, honesty seems like it's the best policy here. You WERE breaking the law, you DID do something dumb, and you're going to look worse if you try to make excuses and say stuff like "I wasn't out on a highway" and "I wasn't technically DRIVING when the police officer saw me." And cut out the pot! You may say you're a good kid, but you've managed to break the law (and get caught! How'd the police even know to search your car the first time around?) twice, so while you may well be a good kid at heart, you want to send the message that you've learned your lesson and will be a law-abiding citizen from here on out and will behave like the good kid you claim to be.

Your attorney will obviously be the one to ask about this, but I think with DUIs they sometimes give "limited licenses" where they'll allow you to drive to/from work but nowhere else; perhaps they'll consider something like that in your case.