1. Win a Broadcaster or one of 3 Teles! The annual Supporting Member Giveaway is on. To enter Click Here. To see all the prizes and full details Click Here. To view the thread about the giveaway Click Here.

ticket help needed. lawyer, maybe?

Discussion in 'Bad Dog Cafe' started by dijos, May 13, 2013.

  1. TwangBilly

    TwangBilly Tele-Afflicted

    Posts:
    1,031
    Joined:
    Jun 25, 2011
    Location:
    West Virginia, U.S.


    Yes this is true. I'm just saying no matter what their reason(s) for suspending it, they may not necessarily be required to notify you.

    And some of you all are recommending self legal help and not going to the expense of hiring a lawyer. Well that's all fine and good if you feel you can handle it, but for me personally that would be way to risky.

    In my case I was cited for "failure to maintain control". Long story but interesting: two cars were racing each other, I was driving a big truck loaded with steel. I was loaded heavy in curves I was driving safe, about 50mph in a 55.
    They passed me doing about 60-65mph, we went another 1/4 mile or so and the one in front slammed on his brakes first then the one behind him he was racing. The one in front lived at the end of this straight stretch where he passed me. He thought he would just shoot into his driveway but at the second he started to turn cars came around the curve the opposite direction.
    They were maybe 60-70 feet ahead of me when they both locked up thier brakes. Big trucks don't stop as fast as little cars. I locked the brakes up and laid on the horn. I slid into the first one and the car shot off the side of the road. Then I hit the second one, the front of the truck climbed up on the car and I pushed him about 50 feet.
    I thought I had run clear over him. I got out of the truck, shaken and scared witless, and went to the front, the guy was passed out and I thought he was dead.
    Thankfully he wasn't. And thankfully the car was an old rear engine Triumph, the truck's front end climbed the car and would have run clear over it but the front axle hit the back of the engine and pushed it.

    The end of the story is, two cars were totaled, one person seriously injured, and despite 30 eye witness accounts from people in traffic behind me, the young upstart cop fresh out of the academy charged me with "failure to maintain control" instead of citing the drivers of the cars for "reckless driving resulting in an accident".

    I could have paid the $100 fine and went on my way. But I would have been pleaing guilty. Which meant marks on my driving record, my insurance going up, and assuming liability for the accident which would have given the green light to the other parties to sue me in civil court for damages and medical bills, my guilty plea would have given a judge president to award it and there would not have been much I could do to prove I was not liable after admitting that I was.

    I could have lost everything I own. I would have certainly lost my license and my career. (the consequences are MUCH greater when you have a CDL). I would have been "un-hirable", my life would have been over.

    So I borrowed money from friends and relatives, lawyered up, fought the charge in court, and after further investigation by the prosecutor the charge was dropped against me based on the prepondance of evidence.

    My point and the moral to this story is, your decision to get a lawyer or not should be based on the consequences this case could have on your life, future, dreams, family, career etc. if it is brought to bear against you.
    And not solely based in saving the money by handling it yourself. The money you'll spend on a lawyer may not compare to what is at stake if you lose.

    Of course you may hire a lawyer and still lose, but your chances of a favorable outcome are MUCH greater if you have counsel. BELIEVE ME! Those guys and gals know legal tricks that can save your life, and no one else will tell you about them.

    Plus just by virtue of hiring a lawyer, your making a statement, a gesture, that shows the court you really do believe in your stance and care about the outcome. It makes a difference.

    Without counsel the system would have eaten me alive. Simply by having hired my lawyer, the magistrate let me go on a PR bond, no collateral and no cash bond I had to post, and I didn't have to spend 30-90 days in jail until they could work me into court. Having a lawyer also expedited my court date.

    I was simply amazed at the difference in how I was treated and how my case was handled by hiring a lawyer. And nothing against my license, no insurance spikes, my driving record is clean, I have 5 companies I could take my CDL and go to work for tomorrow making good money.
    All because I spent about $1200.00 on a lawyer.

    It was more than worth it to me, so that's my advice and my opinion. But you have to asses your own situation, risks, impact on your family, and what you have to lose and make that decision for yourself.

    I hope this helps you in your decision and wish you the best outcome.
     
  2. KokoTele

    KokoTele Doctor of Teleocity Vendor Member

    Age:
    45
    Posts:
    14,033
    Joined:
    Mar 17, 2003
    Location:
    albany, ny [not chicago]
    The most severe penalties in FL for driving with a suspended license include jail time. The stakes are high. Even if the stakes weren't that high, paying a lawyer may indeed cost as much as the fine, but you don't have the penalty on your record.

    The local bar association may have a deal where you can call and get a referral to an attorney who will give you a free half hour consultation. They do here.

    My license was suspended without my knowledge when I was just out of college. There was some database mix up at the DMV with the insurance records, so it was reported to DMV that I had no insurance. After however long, it resulted in my license being suspended, even though I was insured. I found out about it the night I was pulled over for speeding.

    I don't know why I wasn't notified. DMV told me that they had an old address on file. I reminded them that my current address was on my license, but that didn't carry any weight. I paid a pretty stiff penalty to get my license back.

    About a year later I saw on the news that the insurance database screw up had been kind of a local scandal (I live in the state capital), but by then the information was too late to help me out.
     
  3. Guitarzan

    Guitarzan Poster Extraordinaire

    Posts:
    7,247
    Joined:
    Feb 28, 2006
    Location:
    Hotlanta, GA
    They would prefer to be called criminal defense attorneys. :):)
     
  4. KokoTele

    KokoTele Doctor of Teleocity Vendor Member

    Age:
    45
    Posts:
    14,033
    Joined:
    Mar 17, 2003
    Location:
    albany, ny [not chicago]
    I calls 'em like I sees 'em ;-)
     
  5. hopper

    hopper Tele-Meister

    Posts:
    275
    Joined:
    May 30, 2011
    Location:
    Virginia
    ...
     
    Last edited: May 15, 2013
  6. ApolloMike

    ApolloMike Tele-Holic

    Posts:
    754
    Joined:
    May 24, 2011
    Location:
    Florida or Georgia
    What did the little picture of yourself you were carrying around for 5 years have for expiration date?

    Although, Virginia can be a bit strange sometimes. The whole "city is not in a county" thing seems weird to me.
     
  7. hopper

    hopper Tele-Meister

    Posts:
    275
    Joined:
    May 30, 2011
    Location:
    Virginia
    I don't remember, but I am fairly sure that for all the previous times I needed to renew I had until the the end of my birth month. When I mentioned this at the DMV, the clerk said "Oh, that was changed a long time ago." to which I asked if it had been changed within the last 5 years.

    After verifying the information on a new license, I don't usually study it anymore. Good question, though. The new one I believe does have my birthday as the expiration date, and my last one might have, but I think I remember the older ones expiring the last day of the month. Maybe they changed that so as to not have everyone descending on the DMV at once on the last day of the month. Just a guess.

    I know it was my responsibility, and I did what I had to do get it right.
     
  8. deputydog

    deputydog Tele-Holic

    Posts:
    544
    Joined:
    Mar 7, 2010
    Location:
    Kentucky
    +1 all jurisdictions vary seek professional help he who defends himself has a fool for a lawyer
     
  9. BiggerJohn

    BiggerJohn Friend of Leo's

    Posts:
    3,311
    Joined:
    Jun 1, 2009
    Location:
    California
    Wow. I once noticed a cop which I thought might be following me, so I made a couple of turns to see if he stayed behind me and sure nuff, he did. Once it was obvious he was following me, I pre-empted him by pulling over before he had the chance to hit me with the lights or find a reason to pull me over. The cop pulled over behind me. The cop came to the window of my car, asked to see my license, looked it over and handed it back to me and said "have a nice day, please drive safely". I drove away and the cop stopped following me.

    I was also once pulled over for not stopping long enough at a stop sign. I asked the cop what was the law on how long one had to remain stopped, and pointed out that I did come to a full stop. the cop handed my license back and just said "stop longer next time".
     
  10. Cat MacKinnon

    Cat MacKinnon Friend of Leo's

    Posts:
    3,691
    Joined:
    Nov 13, 2011
    Location:
    Colorado
    oh sure, because cops never write tickets with questionable charges on them :rolleyes:. and like at least one other person has pointed out, ignorance of the law isn't a particularly great defense in court.

    the most severe penalties for a lot of seemingly minor offenses is jail time. but there's usually a huge difference between "most severe penalty" and "standard penalty". the most severe penalties are usually reserved for repeat offenders with terrible records. in my traffic court experiences, i routinely saw the judge hand out pretty minor penalties, even for a lot of the repeat offenders. the only time i ever saw the traffic judge remand someone into police custody (ie toss them in jail) was for injuring someone in a DUI-related accident, with that victim later dying at the hospital. at least from what i gathered while watching this proceeding (since i had to wait a long time for my turn at the stand) was that this person was a repeat DUI offender and never should've been driving anyway. he deserved to have the book thrown at him.

    but the chances of the OP going near a jail (at least based on what he's told us) is probably pretty close to zero. this wasn't really even a moving violation, at least in the sense that he didn't cause an accident or run a red light or something. he's obviously going to have to take care of whatever caused his license to go into suspension, but if he does that before his traffic court date they may just throw the whole thing out.

    the worst part about the whole thing was that i was turning into my own parking lot. i managed to get a ticket right outside my own apartment! there was a spand of about a year where i seemed to be a magnet for getting pulled over for some reason. i honestly don't know why, since i had a pretty clean driving record up to that point, but i always thought my crappy car with a bunch of bumper stickers might've had something to do with it.
     
  11. dijos

    dijos Tele-Afflicted

    Posts:
    1,476
    Joined:
    Apr 22, 2008
    Location:
    Indianapolis
    Yeah, I failed to pay something, got it paid, and I have my license back. I still have to go to court though. Fwiw, I was pulled over for no seatbelt.
     
  12. elsewhere

    elsewhere Tele-Holic

    Age:
    39
    Posts:
    972
    Joined:
    Mar 6, 2009
    Location:
    Helsinki, Finland
    Why on Earth were you driving without a seatbelt?
     
  13. cowboytwang

    cowboytwang Poster Extraordinaire

    Posts:
    7,818
    Joined:
    Jul 28, 2003
    Location:
    Sonoran Desert
    Or at least ask people who have had their license suspended, and have had to go to court over things like this. Have you posted this question on any drummer forums?
     
  14. ApolloMike

    ApolloMike Tele-Holic

    Posts:
    754
    Joined:
    May 24, 2011
    Location:
    Florida or Georgia
    The seatbelt law in Florida just became an infraction that the police could pull you over for less than 3 years ago.

    Carpetbaggers.
     
  15. Guitarzan

    Guitarzan Poster Extraordinaire

    Posts:
    7,247
    Joined:
    Feb 28, 2006
    Location:
    Hotlanta, GA
    Post of the month!

    :lol::lol::lol:
     
  16. Capel

    Capel Tele-Holic

    Posts:
    812
    Joined:
    Nov 29, 2007
    Location:
    Capel, West Oz
    They do the same in West Oz too - you can get a parking ticket, & if you're not aware of it the local councils over here handball it to the fines enforcement registry who suspend your licence (happened to my daughter - she was disputing her parking ticket with the council concerned & they forwarded it on anyway).... at least they have a website you can check.
     
  17. dijos

    dijos Tele-Afflicted

    Posts:
    1,476
    Joined:
    Apr 22, 2008
    Location:
    Indianapolis
    Final update; after multiple continuances, I tried to do a clerk s withhold. They flatly refused, but I got the number of the judge's assistant. She, glory be, talked to the judge and effectively threw it out.
     
  18. sax4blues

    sax4blues Friend of Leo's

    Posts:
    4,500
    Joined:
    Apr 14, 2006
    Location:
    Colorado Springs, CO
    This is good news. I will encourage you stay on top of what happens from here. Just because a Judge makes a ruling doesn't mean the DMV automatically does something. You may need to hand walk each step through.
     
  19. sacizob

    sacizob Friend of Leo's

    Posts:
    2,904
    Joined:
    Jul 25, 2008
    Location:
    Middlesex County, MA
    My license expired once and I didn't know until I went through security at the airport. Massachusetts doesn't notify you when your renewal is due.
     
  20. ApolloMike

    ApolloMike Tele-Holic

    Posts:
    754
    Joined:
    May 24, 2011
    Location:
    Florida or Georgia
    Florida HSMV does require a reinstatement fee for some suspensions. You might be well off going down to the drivers license office closest to you. I wouldn't go to a tag office, they have limited drivers license issues they can deal with.
     
IMPORTANT: Treat everyone here with respect, no matter how difficult!
No sex, drug, political, religion or hate discussion permitted here.