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Old 02-05-2008, 07:10 AM
 
Location: Papillion
2,583 posts, read 7,079,566 times
Reputation: 843

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Quote:
Originally Posted by sunfirekid07 View Post
I am 18. I got pulled over last month for a suspended license... twice. Here's the kicker: the first time I got pulled over, I didn't know it was suspended!!!!

Do you mean EXPIRED or SUSPENDED? If expired, I understand forgeting, but if it was suspended that is a court action and you would have known that.

Clarify because that makes a huge difference on the rest of my response.
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Old 02-05-2008, 08:59 AM
 
7,041 posts, read 9,733,740 times
Reputation: 7306
I see "community service" in your future.

No jail time, but expect to be picking up trash on the road for a couple weekends, at least that's how they handle it here.

Sunfirekid - most states issue traffic supsensions via registered letters. Changing your address, not opening the mail, etc, does not work as an excuse in court.
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Old 02-05-2008, 10:24 AM
 
Location: West Omaha
1,181 posts, read 2,794,300 times
Reputation: 455
Surefirekid,

I promise, if you were picked up twice for suspended license, you will be facing much worse than a $100 fine. First, what was the reason for the suspension? Since you said you didn't know it was suspended, I'm going to guess it was based on "points"...as opposed to a DUI arrest. Am I correct?

The second stop, however, is not going to go over well with the judge. Most judges are reasonable people and they may be willing to cut you a little slack on the first one, but after the second one they get a little antsy.

I'm not sure what county this happened in, but I would be absolutely dismayed if the judge gave you a $100 fine. I mean that's what you get when you're driving 60 in a 45 mph zone.

I actually wouldn't be shocked if you received some amount of token jail time, although that's probably an extreme case. A lot will depend on your record. If this is all you had then I would expect fines, lengthened suspension, and probably some probation. By they way, ignorance of the law is no defense. I'm also a little confused as to why you didn't know it was suspended. As mentioned above, the suspension should have came by certified mail. When I was a young kid about your age I actually lost my license based on points and there was NO way I wasn't fully aware of it. There are many many hoops you must go through and just to say "i didn't know" seem a little disingenuous.
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Old 02-05-2008, 03:14 PM
 
482 posts, read 1,643,167 times
Reputation: 176
Well Matt is telling you how it is young man. Guess if you had already been stopped and ticketed once for driving on a suspended license and then just decided to continue to drive without even trying to find out why it was suspended you need, excuse this but it is just a figure of speak, be slapped a few times to wake you up.

As for not being aware or told that it was suspended this is possible, but the State DMV always sends out letters telling you that you are suspended and tells you the reason if it is for points or insurance. They mail the letters not certified to the last known address that is on your license. Now if you have moved from this address and did not do a forwarding of mail at the post office then you would not get the letter. You can trust me that the prosecuting attorney will have copies of these letters when you see him in court on the 20th. So you best have a real good story to tell the judge about the first one. Now as for the second one your story had best be even better as there is no excuse for you driving the second time as you knew you were suspended. No jail time, just one very large fine will be coming your way unless it was for a DUI. If it was for a DUI which yes teenagers can go down for DUI as well, then you knew that the license was suspended as it is in the law that your license is suspended if you are convicted for DUI and it is part of the sentence given to you by a judge.

So take some time and go look in the mirror to see the one who is responsible.
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Old 02-06-2008, 10:33 PM
 
8 posts, read 33,492 times
Reputation: 13
I know it's my fault for the second one. The first time I got pulled over the officer told me my license had been suspended and I was shocked. I said "Excuse me?!?" and he said that it had supsended for a failure to comply. I didn't get anything in the mail telling me it was suspended. If I had known, I would have told my parents and they would not have let me drive anyway. If my parents had gotten the letter, they would have opened it and then confronted me about it. So the first one, I believe I may "get away with" (for lack of a better phrase). The second one, however, is 100% my fault. I always thought that I couldn't get pulled over unless I was doing something wrong at the time. Yes, I know driving with a suspended license is wrong. However I am referring to things like headlight out or speeding. I may or may not be wrong. And when I go to court, I will plead innocent to the first count, as I have stated I didn't know, and guilty to the second one because I did know. Like I said, the second count of D.U.S. was completely my fault. I knew I shouldn't have been driving, yet did it anyway. So basically I'm left to the mercy of the judge, but I'm looking at anything between a large fine to potential jail time, depending on how the judge is feeling? Right?
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Old 02-07-2008, 06:14 AM
 
Location: Papillion
2,583 posts, read 7,079,566 times
Reputation: 843
Correct.

Event though you didn't know the first one was suspended, you do know now why it was suspended - right? What type of items caused the suspension? That previous history might influence the judge as well as the attitude you present when in front of him.

Get an attorney... might cost you a grand up front but at least you'll have representation since this is not a first offense and you are not totally innocent.
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Old 02-07-2008, 10:23 AM
 
Location: Omaha, Ne
884 posts, read 108,072 times
Reputation: 119
I heard for those kind of violations require 50 pistol whips and 17 taser...whatevers. That should teach ya!
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Old 02-07-2008, 10:25 AM
 
Location: West Omaha
1,181 posts, read 2,794,300 times
Reputation: 455
Sunfire,

Whether you knew or didn't know about the 1st one is irrelevant, as far as "guilt" is concerned. It will only matter in the sentencing phase...meaning that judge may be lenient with you. As far as being pulled over for the second one goes, yes, you should have been breaking some sort of other law, or at least been displaying behavior which would give the office reasonable cause to believe you were breaking the law. In reality, this is pretty easy for an officer to establish.

I would definitely get an attorney. An attorney will help you navigate the "system" and will probably attempt to strike a plea bargain with the county attorney. The fact that you weren't, according to you, doing anything else wrong when you were pulled over for the second offense might be enough to persuade the county attorney to strike a plea bargain with you...maybe not, but its definitely your best bet.

I would no doubt get an attorney and if you can't afford one then get a court appointed one. Its not as though you're going to "get off", but it will help lessen the severity of the charges and the sentencing.
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Old 02-07-2008, 10:27 AM
 
Location: southern california
50,245 posts, read 47,554,186 times
Reputation: 41645
thru suffering and punishment you will learn self control?
then there will no longer be a need for punishment?
works at camp pendleton.
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Old 02-07-2008, 01:18 PM
 
Location: West Omaha
1,181 posts, read 2,794,300 times
Reputation: 455
I'm not sure if we need to blow his crime out of proportion here. Its not as though the kid held up a liquor store or anything.
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