Does anyone know if a Judge-ordered license suspension can fall through the cracks? (Howe: insurance) - Houston - Texas (TX) - City-Data Forum

CRBoyd91 · 07-01-2011, 12:57 PM

I thought I would ask you guys about this. Basically, I had a lawyer get me completely out of a complete bs DWI that I got while I was parked, not drunk, and not driving. (Unthinkable, I know). It was either go to jury trial, take a 6 month probation with 6 month license suspension, or 2 days-time served and license suspended for a year. I took the latter. This was April 30, 2010. The DPS had rescinded their administrative license suspension (ALR), but the judge informed me that he was suspending it for a year.

Fast forward to a few weeks ago. I get my new insurance policy with an SR-22. Go to the DPS expecting to be informed of the $125 reinstatement fee and the DPS $2000 2-yr surcharge. Not a word was said about any of this, and I was only asked to pay the $11 and what they gave me on the receipt said Duplicate License. So I'm wondering, did someone not send in the proper paperwork in the first place and was my license never even suspended? It was still valid in the DPS system. And strangely, there is a speeding ticket on my record from April 16, which was when I wasnt driving.

Weird huh?

HookTheBrotherUp · 07-01-2011, 01:09 PM

I would not think it fell through cracks, it is all computerized. However, having dealt with the people at the DPS office, well, I'll just be nice and simply say they probably made an administrative mistake. If so, you will still be held liable for their mistakes, so clear it up with them, and don't wish it was fixed, get it in writing because if you get pulled over, I can guarantee you will get ZERO sympathy from the officer, and the officer will tell you it's for you to sort out, not them, they're just going by the system yada, yada. You then could be faced with more serious charges, more attorney fees, impound fees, etc. Not worth it, I'd get it all straightened out soon, it won't go away.

CRBoyd91 · 07-01-2011, 01:24 PM

Quote:

Originally Posted by HookTheBrotherUp

I would not think it fell through cracks, it is all computerized. However, having dealt with the people at the DPS office, well, I'll just be nice and simply say they probably made an administrative mistake. If so, you will still be held liable for their mistakes, so clear it up with them, and don't wish it was fixed, get it in writing because if you get pulled over, I can guarantee you will get ZERO sympathy from the officer, and the officer will tell you it's for you to sort out, not them, they're just going by the system yada, yada. You then could be faced with more serious charges, more attorney fees, impound fees, etc. Not worth it, I'd get it all straightened out soon, it won't go away.

Well, I don't really know where to start with getting it straightened out, because the license was valid to them and I already got it in the mail. I also had a constable telll me about 8 months ago that in their computer it doesn't show any suspensions or enforcement actions after I told him it was suspended and he ran my name.(And this was in the same county as the charge) The question is, if to the DPS and to the cops it's not suspended, then what is there to straighten out?

EDIT: I remember reading an article a little while back about judges in Texas not giving the proper paperwork to the county clerk, which in turn does not send it to the DPS. It had something to do with simply forgetting to check a box on the conviction paperwork. I wish I could find that again...

HookTheBrotherUp · 07-01-2011, 03:21 PM

CRB... why not just request a driving record from the DMV. You will get an official letter from the state, and if it does not show up there, just keep that letter with you and if you ever get pulled over and they say otherwise, just pull out that official state document to show it was cleared when you requested it. I think it is the same record you have to get when you take Defensive Driving. If there are any judgements against you, it will be noted.

CRBoyd91 · 07-01-2011, 03:42 PM

Quote:

Originally Posted by HookTheBrotherUp

CRB... why not just request a driving record from the DMV. You will get an official letter from the state, and if it does not show up there, just keep that letter with you and if you ever get pulled over and they say otherwise, just pull out that official state document to show it was cleared when you requested it. I think it is the same record you have to get when you take Defensive Driving. If there are any judgements against you, it will be noted.

It should be in the mail...