I was ticketed (but not arrested) for driving with a suspended licesce. What can I expect in court? (Omaha: home)

[MidwestDrummer]

Last night (actually this morning at 12:51 AM) I was pulled over for expired tags. I admitted I had had a couple of drinks at Brother's (downtown Lincoln), and willfully submitted to a sobriety test, because I knew I hadn't had that much, and though nervous at being pulled over I was still confident I would have no trouble passing. I did all of the things I was asked to do, and though the officer never gave a definitive pass or fail response, I was told I would still be asked to perform a breathalyzer test. I was asked to sit in the back of his car because I guess there's some sort of 15-minute waiting period before you take the test. After waiting a few minutes, I took the test. The legal limit in Nebraska (if I remember correctly) is .08, and I blew a .041, which is obviously well below the legal limit. I was showing absolutely no signs of being intoxicated, both prior to being pulled over, and in my demeanor during the traffic stop. Upon calling in my plates, the officer discovered that I was driving on a suspended license. It had been suspended when my insurance coverage lapsed, and I had kind of just ben ignoring it (very ignorant, yes I know).

Long story short, the officer ticketed me for the following:

- Suspended License
- No Insurance
- No Valid Registration (expired in April 2007, but not renewable without proof of insurance)

Like I said, he ticketed me, but did not arrest me. The dinger, though, was that my car was towed, and now sits at Capitol Towing until I can show them (Capitol Towing) a valid driver's license and valid registration. Of course, with these offenses, I was not ticketed a dollar amount, but instead assigned a court date. This leads me to my ultimate question:

What type of penalty am I looking at, for the charge of driving on a suspended license?

I already know there will be cash fines for the no insurance and no registration violations, but what about my suspended license violation? Am I looking at a hefty fine? Probation? Jail time? I have already begun the process of lifting the suspension of my license, as of today. I know that I have to:

Step 1: Regain auto insurance coverage
Step 2: Renew my vehicle registration at the DMV
Step 3: Pay the $50 license reinstatement fee

• Prerequisite: Wait mercilessly for the DMV to receive the SR-22 from my auto insurance company

Step 4: Pick up my car from Capitol Towing

• Prerequisite: Renew my vehicle registration and unsuspend my license

Any insight/information regarding my predicament would be greatly appreciated.

Thanks!

[mattpoulsen]

The fact that you blew a 0.041 is definitely a good thing. The fact that you're driving on a suspended license is not. If the license was suspended because of lapse of insurance then you might get off a little bit easier...then say if it was under suspension for a previous DUI or reckless driving charge.

If the circumstances are exactly as you say then I would expect that you'd end up getting one of the more lenient sentences for driving under suspension. In addition, if you get your SR-22 reinstated and your suspension lifted before your arraignment you would definitely help yourself out. If the judge thinks this is a result more of a brain lapse than reckless behavior your sentence will be much lighter.

However, driving on a suspended license certainly can result in fines, probation, and jail. It just depends on where you land in terms of intent and severity. My guess, based on your description, is that you'll get some nice fines and then maybe some probation.

As far as being arrested, being tickets carries the same legal consequences. There really is no distinction. This was an offense that the police certainly could have taken you to jail for though. The fact that he/she didn't probably suggests the severity is a bit lighter.

Ultimately, you better get an attorney who is familiar with the Lancaster County or City of Lincoln. It may cost you some $$, but it'll be worth it. The knowledge the attorneys have or individual judge tendencies and practices is invaluable.

[DTO Luv]

I've had this exact same thing happen to me. Take it from me. I've been pulled over close to 40 times, had ticket costs around $5,000, and been under double supensions Nebraska, Iowa, Missouri and Illinois at the same time.

I was pulled over on a suspended license. My car was towed. For sentancing I had to pay a fine, but I don't remember how much it was. If it happens again you'll be looking at a year in jail.

[Earniefan]

It just amazes me that people have so little regard for the rest of the world. Did you seriously not understand why you lost your license in the first place? I don't mean to attack you but good grief, it's time to pull your head out and see the light.

[DTO Luv]

It was racial profiling. I don't see speeding on carless highways as bad as people who tear along the interstate in Omaha. Most of the times I was stopped were in rural areas where they have nothing better to do than pull people over. I just don't drive anymore. I do miss it sometimes but not as much as I thought I would.

I miss my car even more. We were very close. Now it's a crushed piece of junk metal.

[mattpoulsen]

DTO,

I couldn't tell...were you joking about the racial profiling? I mean if you're speeding on a highway...you can't be surprised by being picked up. And those police out on the highways are patrolling for people speeding...that's pretty much what they do. After pulling people over for traffic infractions it may lead to other things, but their first observations are traffic concerns. If you were speeding...then you deserved to be pulled over.

[sunsprit]

Nebraska's pretty stringent on traffic enforcement ... one of the places where there's zero tolerance for many violations, even just over a posted speed limit (yes, they aggressively patrol and write tickets for 1 MPH over the posted limit!). Nebraskan's tend to drive well below the speed limit because they've been well trained by the police to do so ... the only was I drive through there at the speed limit is with my GPS confirming exactly what speed I'm traveling rather than trust my speedometer ... it's that critical. I've seen people pulled over for 1-2 MPH over the limit that very sloooowly passed me on the interstate as I was just on the limit.

Which means with all the things you've been cited for ... and for which you admit were you were doing .... you'd better get legal counsel because you're gonna' need it to help minimize the legal consequences in NE.

[mattpoulsen]

I have been told by State Patrol officers and deputies from several counties that they never pull someone over for less than 3 or 4 miles over the speed limit.

As far as 1 mph over the speed limit, nearly any prosecutor would instantly dismiss that ticket.

I have pretty much lived in Nebraska my entire life, in rural areas (when I was a kid with a lead foot), and now Lincoln and Omaha. I have never ever in my life heard of someone getting a ticket for 1 mph over the limit. I drive the interstate between Lincoln and Omaha everyday and regularly pass State Patrol cars (who are driving under the speed limit). I pass them at about 77 or 78 mph.

[Earniefan]

When we go home (Aurora) I set my cruise at 79, I've passed several patrol cars and never been pulled over on I-80, and that's with Wyoming tags.

[MidwestDrummer]

Originally Posted by mattpoulsen

The fact that you blew a 0.041 is definitely a good thing. The fact that you're driving on a suspended license is not. If the license was suspended because of lapse of insurance then you might get off a little bit easier...then say if it was under suspension for a previous DUI or reckless driving charge.

If the circumstances are exactly as you say then I would expect that you'd end up getting one of the more lenient sentences for driving under suspension. In addition, if you get your SR-22 reinstated and your suspension lifted before your arraignment you would definitely help yourself out. If the judge thinks this is a result more of a brain lapse than reckless behavior your sentence will be much lighter.

However, driving on a suspended license certainly can result in fines, probation, and jail. It just depends on where you land in terms of intent and severity. My guess, based on your description, is that you'll get some nice fines and then maybe some probation.

As far as being arrested, being tickets carries the same legal consequences. There really is no distinction. This was an offense that the police certainly could have taken you to jail for though. The fact that he/she didn't probably suggests the severity is a bit lighter.

Ultimately, you better get an attorney who is familiar with the Lancaster County or City of Lincoln. It may cost you some $$, but it'll be worth it. The knowledge the attorneys have or individual judge tendencies and practices is invaluable.

I regained my auto insurance yesterday, so now I am just waiting on the delivery of my SR-22 from the auto insurance company to the Nebraska DMV. As soon as that arrives I plan on going down and paying the the fee and getting my license reinstated (even if it is temporarily). After that I'll take my license and proof of insurance and go get my registration renewed. I'll be covered at least up to the court date. I can handle fines and probation. I am just seriously hoping for anything short of jail time. I am definitely nervous about how this is al going to shake out. As for hiring an attorney, I don't have that kind of cash, so unfortunately that is out of discussion. *sigh* I guess we'll see how it goes in a month.

Originally Posted by DTO Luv

I've had this exact same thing happen to me. Take it from me. I've been pulled over close to 40 times, had ticket costs around $5,000, and been under double supensions Nebraska, Iowa, Missouri and Illinois at the same time.

I was pulled over on a suspended license. My car was towed. For sentancing I had to pay a fine, but I don't remember how much it was. If it happens again you'll be looking at a year in jail.

How recent was this? Were you puled over with the suspended license in Nebraska, or one of the other states? I can handle a fine. I just hope I'm not given jail time for this driving on a suspended license charge. It is, after all, my first offense.

Originally Posted by Earniefan

It just amazes me that people have so little regard for the rest of the world. Did you seriously not understand why you lost your license in the first place? I don't mean to attack you but good grief, it's time to pull your head out and see the light.

Yes, I have already admitted to making a mistake, and I know I will face unknown consequences. Please, leave the chiding to my parents.

Originally Posted by sunsprit

Nebraska's pretty stringent on traffic enforcement ... one of the places where there's zero tolerance for many violations, even just over a posted speed limit (yes, they aggressively patrol and write tickets for 1 MPH over the posted limit!). Nebraskan's tend to drive well below the speed limit because they've been well trained by the police to do so ... the only was I drive through there at the speed limit is with my GPS confirming exactly what speed I'm traveling rather than trust my speedometer ... it's that critical. I've seen people pulled over for 1-2 MPH over the limit that very sloooowly passed me on the interstate as I was just on the limit.

Which means with all the things you've been cited for ... and for which you admit were you were doing .... you'd better get legal counsel because you're gonna' need it to help minimize the legal consequences in NE.

As stated above, I do not have the financial means to obtain legal counsel. I have never recevied a ticket for 1 MPH over the speed limit. Yes, I've recevied a couple tickets though, but the lowest was going 7 over (32 in a 25 zone). I also usually set my cruise control to anywhere from 77-80 on the interstate, and I've never been pulled over. Still, I hope getting my insurance, registration and license back all bode well for me on my court date.