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Old 06-21-2010, 01:12 PM
 
5 posts, read 44,045 times
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A friend of mine got a ticket in GA, appeared in court, paid the fine, was told it was just a traffic infraction on his license and that's it, no worries.

However, A YEAR LATER, gets notified by NC DMV that his license is being suspended for a year because of what happened in GA...the year before. Any advice? It just seems ridiculous, not to mention illegal somewhere to essentially be punished twice for one incident. Would really love any help we can get to clear it up.

Already had one NC lawyer tell us there was nothing NC could do, we would have to have a GA lawyer clear it up. That doesn't sound right to me, since its NC taking further action, especially when GA already said at the beginning that it was taken care of....?
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Old 06-21-2010, 02:15 PM
 
Location: On the brink of WWIII
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DOes it add up with any other infractions for points to qualify for suspension?

What does DMV say it is for? Points? or what?

Out of state tickets can be placed on your record and points go with.

Not sure if you get the out of state points or your home state eqivalent..

Not sure what a GA lawyer can do if NC is the state suspending license?
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Old 06-21-2010, 03:09 PM
 
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He is trying to gather all the reports on the incident, and I told him he needs to get a copy of his driving record, too...so I'm not sure yet.

I get that the ticket can be/is placed on his record with points. But when GA said that is all, now we are at a loss to receive this information from NC a year later saying his license is suspended because of the incident.
Adding to our bafflement is the fact that a NC lawyer said he couldn't help. That we needed a GA laywer. I mean....???....GA told us last year we did everything we needed to already...GA is not the one suspending the license afterall...it's NC...?
Now what?

I mean, we are going ahead with contacting a lawyer in GA, but now we're not even sure what questions to ask. I wish I could have confidence that we are tackling this the best way...
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Old 06-24-2010, 10:53 AM
 
Location: South Carolina
245 posts, read 867,458 times
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I'm not sure if this can help guide you & your friend just a bit but whenever I have a legal question & am not sure what direction to take I've turned to a website I discovered. Not sure if they're going to let me post it here but it's justanswer.com & they have everything from lawyers to car mechanics on there answering questions. You post a question & can "donate or Pay" whatever amount you want for an answer. The best part is you don't pay until you get an answer & you're satisfied. I've paid from $10 to $30 (when I could afford it ) for different questions I've asked. It gives you an idea where to go from this point. Consults with lawyers can be so costly, especially if they turn around & say they can't help you (I've had that happen). Having have lived in NC for 20 years I'm not surprised at what they've done to your friend, the DMV there is tough. It does seem very unfair to have his license suspended for a traffic infraction. I understand the points being placed against him but not the suspension, there's got to be some mistake or something you're both unaware of that's going on. Good luck, I hope everything get's settled.
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Old 06-24-2010, 11:02 AM
 
Location: South Carolina
245 posts, read 867,458 times
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I just saw another thread on here regarding someone that rec'd a ticket in NY for going 20 miles over the speed limit, paid the fine & rec'd a 30 day suspension from NC on his license out of the blue. It looks like anything over 15 mph, even in another state, gets reported to NC & your license suspended. What exactly was your friend ticketed for?
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Old 06-29-2010, 09:32 AM
 
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Thanks for the website tip, will look into that because now BOTH lawyers he talked to said they couldn't do anything! He was pulled over for speeding, but I told him he needs to get copy of incident to find out what exactly was recorded because yes, there must be something that we are unaware of! They ARE tough, and his hearing with the DMV is tomorrow. I'm praying so hard that there is something to do to help lessen the consequence, or someone who knows how to help.
I'm all for public safety and rules to inforce, but this just seems way out of bounds.
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Old 06-29-2010, 01:48 PM
 
Location: Salisbury, NC
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Default License Suspension/ DMV Hearing

Sorry to hear about your friend. My initial advice is to find a lawyer who knows what the h#ll you are talking about - they exist. What county does your friend live in? Otherwise, here is my long-winded amateur advice:

A. To reiterate earlier posts, first thing to do is to get a copy of the driving record online at DMV for $8: https://edmv-dr.dot.state.nc.us/Driv...DrivingRecords . Then you will be at least able to tell why it is being suspended, and possible actions to take. The applicable statute for most license suspensions (excessive speeding) is NC § 20‑16.1, which I will paraphrase:
B. Most common reasons for a suspension by NC DMV:
1. 30 days: Conviction - in NC, Georgia, or any other state that reports convictions to NC - of going 16+ mph over a 55mph or higher speed limit
2. 60 Days: Conviction of 16+ mph speeding AND reckless driving at the same time; or a second charge of speeding over 55 mph and more than 15 mph above the speed limit within one year
3. Also, if you amass 12 or more points over a three-year period, your license may be suspended for up to 60 days. If, after reinstatement, you garner eight points within another three-year period, your license will be suspended for six months.
C. Other reasons for suspension, read this at the NC DMV Website:
NCDOT Division of Motor Vehicles: Suspensions & Revocations
D. "Upon conviction of such offense (16 or more mph over the speed limit) outside the jurisdiction of this State the person so convicted may apply to a district court judge of the district or set of districts as defined in G.S. 7A‑41.1(a) in which he resides for limited driving privileges hereinbefore defined. Upon such application the judge shall have the authority to issue such limited driving privileges in the same manner as if he were the trial judge." That is for a FIRST TIME OFFENSE ONLY (which means in the previous 7 years). For the full text see: GS_20-16.1
E. You say the DMV hearing is tomorrow - go prepared! Know why it is being suspended, your record, etc. You can "plead your case" to DMV for a reduced suspension time, or sometimes keep limited driving privileges - work, school, kids, etc. If you are unhappy with the outcome, you can appeal to your local superior court (some may handle it in district court). Regardless, advise your friend to be as respectful as possible to the hearing officer(s) - that alone will go a long way - do not go into the hearing in a combative mode and expect leniency.
F. Closing thoughts: If the license is suspended, I would definitely advise hiring a lawyer if your friend needs to drive - but again I'd advise having one now. Also bear in mind that the DMV and state court system are totally separate as far as suspensions go. DMV suspends licenses once they are notified of a conviction(s) that meets one of their criteria, and if it is out of state it can take a long time...Hope this helped.
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Old 07-01-2010, 08:30 AM
 
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Thanks to each of you for your time to read and post advice. We've been at such a loss on what to do. I did take a look into justanswer.com and have been very glad to get some feedback and pointers. Between that and what you suggested here, I have good news: the hearing went very well yesterday! Gathered as much info as possible beforehand. He did not have an attorney with him - I wanted him to, but the lawyers he talked to kept saying "there's nothing we can do" and they said that the DMV can be "persnickety" and it could backfire to have them come anyways. Which, if this weren't happening to us, I'd be tempted to chuckle. But right now its not too funny.

Anyways. You are right, there was something big on his record. Here's the background info (like you have plenty of time to read this, but here's just in case): several years ago he was ticketed in South Carolina for an improper lane-change. He took care of it right away, filed report, paid fine. And went on his way. So we didn't even think about that (since it was so long ago and in SC and for such a minor infraction) when all this started happening.

So - the ticket he got last year in GA reflected that it was for "driving without a license." We are shocked! What happened was, SC sent the incident report to NC about the improper lane-change, but never sent the follow-up paperwork that he had paid the fine. So all this time, unbeknownst to him, NC has had on file that his license is suspended due to an outstanding ticket! Incredible!
So what he paid in GA last year was the fine for driving without a license. Which I'm sure has most likely added to the problem that he did not get a lawyer or attorney at that point, first!

And the notice he received last week from NC was a year suspension for driving without a license last year. Which, isolating that fact, a suspension makes sense. But when you put the whole story together, it's incredible to me that this is because SC didn't file properly in the first place several years ago!!!
Fortunately he got copies of everything (from the first incident and the paid ticket in SC, plus everything that happened last year).

The person at the hearing was very sympathetic (which shocked me, because up until this point, no one had shown any concern or help for this situation). They told him they couldn't make this all go away but they could lessen it to 30 days instead of a year. So in a word, I'm thrilled!

I sure hope that wraps everything up. Thank you for your responses. It has given me perspective and helped me think through the details to help, and its given me peace of mind that we were trying everything we could to get this straightened out. I've learned (and he has, too -- big time) and I sure hope this never happens again!
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Old 07-02-2010, 07:26 AM
 
1,617 posts, read 2,031,380 times
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Quote:
Originally Posted by dtcnels View Post
Thanks to each of you for your time to read and post advice. We've been at such a loss on what to do. I did take a look into justanswer.com and have been very glad to get some feedback and pointers. Between that and what you suggested here, I have good news: the hearing went very well yesterday! Gathered as much info as possible beforehand. He did not have an attorney with him - I wanted him to, but the lawyers he talked to kept saying "there's nothing we can do" and they said that the DMV can be "persnickety" and it could backfire to have them come anyways. Which, if this weren't happening to us, I'd be tempted to chuckle. But right now its not too funny.

Anyways. You are right, there was something big on his record. Here's the background info (like you have plenty of time to read this, but here's just in case): several years ago he was ticketed in South Carolina for an improper lane-change. He took care of it right away, filed report, paid fine. And went on his way. So we didn't even think about that (since it was so long ago and in SC and for such a minor infraction) when all this started happening.

So - the ticket he got last year in GA reflected that it was for "driving without a license." We are shocked! What happened was, SC sent the incident report to NC about the improper lane-change, but never sent the follow-up paperwork that he had paid the fine. So all this time, unbeknownst to him, NC has had on file that his license is suspended due to an outstanding ticket! Incredible!
So what he paid in GA last year was the fine for driving without a license. Which I'm sure has most likely added to the problem that he did not get a lawyer or attorney at that point, first!

And the notice he received last week from NC was a year suspension for driving without a license last year. Which, isolating that fact, a suspension makes sense. But when you put the whole story together, it's incredible to me that this is because SC didn't file properly in the first place several years ago!!!
Fortunately he got copies of everything (from the first incident and the paid ticket in SC, plus everything that happened last year).

The person at the hearing was very sympathetic (which shocked me, because up until this point, no one had shown any concern or help for this situation). They told him they couldn't make this all go away but they could lessen it to 30 days instead of a year. So in a word, I'm thrilled!

I sure hope that wraps everything up. Thank you for your responses. It has given me perspective and helped me think through the details to help, and its given me peace of mind that we were trying everything we could to get this straightened out. I've learned (and he has, too -- big time) and I sure hope this never happens again!
Glad to see you got a good resolution. I live in Virginia but apparently DMVs all over the country can seriously mess you up!! Example: when I bought my car about 4 years ago I ordered personal license plates but while waiting for those to arrive I had to put on the initial plates the DMV sent me. So my personal plates arrive and I took the first set to the DMV, as is required by law, so they could cancel them and activate my new plates. But these idiots canceled my personal plates instead!! I didn't discover this until a year later when I had to renew my car registration and the computer system showed I had on the wrong plates. If I had been pulled over by the police, they could have charged me with driving with false license plates. Aaarrggghhhh!!
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Old 07-05-2010, 11:39 AM
 
Location: South Carolina
245 posts, read 867,458 times
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I'm not surprised to hear all this. My husband had issues from an incident he took care of years ago. He paid the fines, etc. in another state, & thought it was resolved, or so he thought. When he went to renew his license he learned it had been suspended (he never rec'd notice because he had moved). For whatever reason it wasn't documented he had paid the fines. Since it had been a couple of years he hadn't kept the receipts. So he paid it again instead of arguing it just to get his license off the suspension list. I would have liked to argue it because it's unfair, but who knows how long that would've taken.
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