speeding ticket...suspended license... and court tomorrow

[knorwj]

hey guys so I'm just pondering this situation here that my roommate is in and was wondering what your thoughts on the subject may be.

First I'll fill you in on the story. So about 8-9 months ago my roommate got pulled over for doing 33 in a 25. He pleaded guilty and recieved a fine of around $120 I believe. He was informed by the issueing officer that he had 30 days to pay it. Of course he waited about 30 days I think it was 28 or so to be exact. But I can vouch for him mailing the check because I watched him write it and mail it. anyway the day after he mailed it he got a letter saying that if he failed to pay his license would become suspended. But of course he had sent the check the day before therefore thought nothing of the letter and life was good. So anyway back to present day...

He gets pulled over doing 40 in a 30, officer runs his license... uhoh suspended. He had no idea it had been suspended or why. Officers puts him in the squad car and brings him downtown where he is told that he is in big trouble and should look into getting a lawyer etc. Apparently its been suspended from the incident 8-9 months ago. The city says they never recieved payment for the original speeding ticket.

So anyway we go and get him and now he hasn't had a license for a month while awaiting court and stuff. He called the bank and found out that his check was never processed, so the city wasn't lying they really didn't get his money. However he feels he should have been notified of the suspension rather than getting told by and officer on the street and then hauled downtown.


So anyway my thoughts on this are that both parties are kinda at fault, He should have followed through to make sure the city got his check, and the city should have notified him of the suspension. So what do you guys think of this situation? I think he's gonna get screwed tomorrow at court but i'm not sure.

[lamehonda]

Guess I won't be mailing my fines in anymore without sending it certified and early.

[clawhammer]

Your local government at work...

Honestly all he can do is tell the Judge the story, and you can be his witness to back him up on the story.

[Chevy4life1985]

Um i hate to say this but i was in a somewhat similiar position. I got into an accident in Dec. 6, 2003. It was a big noreaster. Anyway cop writes me a ticket and says hes going to mail it to me. He puts the ticket in on Dec. 8, 2003. I didnt recieve the the ticket until Jan. 6, 2003. A week later i receive a notice in the mail that my license has been suspended. So i got to the local DMV(Department of Motor Vehichles) and try to straighten it out. They say the called the main office and told me it was all set. Now this was in jan. the day of the notice. They tell me that ill get a notice to go and fight the ticket. It never comes. I get pulled over in April of 04. Cop comes back and tells me my license was suspended. I explain the story and he just writes me a ticket and i have to go to court.( HE was cool let me just park my car, no arrest, no tow) Anyway i go to court and the judge throws out the case cuz i took care of the ticket and reinstated my license the next day. So just have your buddy explain the situation. Another thing bring the copy of his check book. And tell him to stop speeding. OH and by the way the it usually takes 5-10 days for mail to arrive at the destined place. Tell your buddy next time to not wait so long.

[knorwj]

thanks for the input guys, anyway as far as for an update.. He went to court and was assigned a public defender and now has a trial date set for next month... so yet another month with out a license.

I spoke with some of the state troopers who come into our shop and they all told me to tell him to have his ublic defender speak with the prosecuter and explain the situation and more than likely the prosecuter will lower it to a less severe violation therefore saving my roommate money, and it will also move the court date closer so he won't have to wait as long.

Anyway thats how it stands right now. I'll keep you guys updated on the saga haha.

[Chevy4life1985]

Originally Posted by knorwj

thanks for the input guys, anyway as far as for an update.. He went to court and was assigned a public defender and now has a trial date set for next month... so yet another month with out a license.

I spoke with some of the state troopers who come into our shop and they all told me to tell him to have his ublic defender speak with the prosecuter and explain the situation and more than likely the prosecuter will lower it to a less severe violation therefore saving my roommate money, and it will also move the court date closer so he won't have to wait as long.

Anyway thats how it stands right now. I'll keep you guys updated on the saga haha.

Dude the way it sounds your roomate is going to jail. Let us know what happens. Oh and BTW if he gets convicted ill send him some ky jelly.

[Igovert500]

Originally Posted by Chevy4life1985

Dude the way it sounds your roomate is going to jail. Let us know what happens. Oh and BTW if he gets convicted ill send him some ky jelly.

Okay, no need to be a prick about it.


To the original poster. Yes both are at fault, but unfortunantly, your roommate more than the county, because that is how the system works, and your friend should have gotten on top of the situation a little sooner. It's like hte IRS, etc, you are the one responsible...they aren't going to notify you everytime you missed a deadline...you are just going to get nailed with the fines, etc, at a later date. Best of luck to him, I would think with a public defender they will at least be a bit more understanding. But I hope he learns his lesson...never expect 'the man' to care about your personal situation...it is up to you to be on top of it.

[Chevy4life1985]

Originally Posted by Igovert500

Okay, no need to be a prick about it.

Um dude it was a joke. You know sarcasm.

[fredjacksonsan]

So when's the court date? I'd expect that if your roommate has all the fines/penalties from the first ticket and the money for the second, he should get the suspended license back, and that ticket should go bye-bye.

[knorwj]

court date is the end of october. He has to meet with the PD next week sometime. I beleive his plan as of right now is to pay up all fines in full before his court date to show that as soon as he found out his fine had not been paid he paid it and he hopes that helps a bit in court.

[fredjacksonsan]

Heh. Let us know how it comes out.

[copcarcrzy]

To the orgional poster.
Its not the cops or the courts job to send you letters begging for your money to pay a fine. your friend should have read the back of the ticket, Im sure it tells him that if he fails to appear or pay, his license would be suspended. if he wanted to wait to give them money like I do, I wait till the second to last day and pay in person, with several checks or money orders ( cost money, but have screw it). if I have fine to pay im gonna make them work for it..

[fredjacksonsan]

Originally Posted by copcarcrzy

To the orgional poster.
Its not the cops or the courts job to send you letters begging for your money to pay a fine. your friend should have read the back of the ticket, Im sure it tells him that if he fails to appear or pay, his license would be suspended. if he wanted to wait to give them money like I do, I wait till the second to last day and pay in person, with several checks or money orders ( cost money, but have screw it). if I have fine to pay im gonna make them work for it..

Good point, but his roommate DID mail in the payment; the gov't said the didn't receive it....certified and early is definitely the way to go.

[Chevy4life1985]

Yea his roomate sent in the check the day it was due. That check would have never made it in time.

[fredjacksonsan]

So what happened? It's November!