Driving on a suspended license...

[Breandcjsmom]

My husband was pulled over a couple of months ago, the police officer said his music was too loud. When the officer ran his license, it came back suspended for no insurance. We had insurance, no lapses in coverage. The officer gave him a ticket for unknowingly driving on a suspended license. He also took the tag off our truck. The officer told my husband that he should fight the ticket. I'm not sure if the officer was serious or not because he also told my husband he could drive the truck home if we wanted, but if he got pulled over agian he would go to jail. Then the officer parked his patrol car across the street and watched my husband until our friend towed him home.:confused:

My husband is going to court today and I was just wondering what the chances were that it would be thrown out. Since there was no reason for his license to be suspended in the first place, how could we have had any clue it was suspended? Should we have just paid the ticket?

[MP_Steve]

If your husband can provide documentation from the insurance company stating that there was an active policy from when the license was suspended to begin with, then he should be okay. Licenses just don't get suspended for no reason, however mistakes can happen. Depending on where you are, a slight lapse in coverage could get you suspended.

I doubt that the officer was watching him from the parking lot. The officer probably just went back to doing what he was doing before he stopped your husband: Working traffic.

[ChesCopPodz]

I've seen a handful of suspensions here in VA like that. What happens is that the driver changes insurance companies. The former company notifies DMV that they are no longer insuring the driver. Somehow DMV gets that, but not that the new company has picked up coverage. Therefore to DMV, it looks like the driver is uninsured and they suspend their license. Technically, until DMV corrects it, it's a suspended license with all the troubles afforded to that.

Pretty easy to prove in court though.

[retdetsgt]

I've seen a handful of suspensions here in VA like that. What happens is that the driver changes insurance companies. The former company notifies DMV that they are no longer insuring the driver. Somehow DMV gets that, but not that the new company has picked up coverage.

Never heard of that in Oregon... VA needs to get the insurance companies off their duff with some sort of sanctions if they don't notify them of new coverage. Getting the court to dismiss it wouldn't compensate for getting a a ticket, losing my license plate, etc.

I have no loyalty to insurance companies at all, I shop prices everytime mine comes up for renewal and change companies every few years. I'd be pretty hot under the collar if the state suspended my license for that.

[Breandcjsmom]

I'm not totally sure what happened, I know we had switched our vehicles around and made some changes to our policy shortly before his license was suspended. But we didn't switch companies. I think that maybe switching cars and license plates from vehicle to vehicle had something to do with it. But It shouldn't have suspended his license. He works for a HUGE car dealership and they hadn't even caught that his license was suspended. (It is really funny that he sometimes services police vehicles, and he was doing it on a suspended license.)

I did get a statement from the insurance company saying that we had insurance on the day his license was suspended. I am hoping that it gets thown out. We really can't afford the points on his license. He could loose his job over this, and our insurance will get really expensive. If the officer doesn't show up, does it automatically get tossed?

[phantasm]

years ago when I switched insurance companies I got a letter from DMV saying I would be suspended if I didn't prove insurance, which I did promptly. Most recently when I switched to another insurance company, they provided a form letter for me to fill in my old/new policy #'s and info to send to my old insurance company.

[Samuel]

Sounds like your husband was doing something Hinkey with registration/plates/insurance/etc. I don't take tabs unless they are fake or "misaffixed". I know plenty of car dealerships who do Hinkey things with their dealer plates among other things.

Insurance is required here in CA. You won't, however, get your license suspended if you don't have insurance UNLESS you've done something wrong in the past such as gotten into an accident while uninsured, etc, and now you have to constantly show proof.

I know a guy who got off a driving without a license ticket because I was too sick to show up at court a few months ago. The way it should be: Whether or not an LEO shows up to court has ABSOLUTELY NO BEARING ON WHETHER YOUR LICENSE WAS VALID AT THE TIME OF THE CITATION and should NOT be a factor in dismissing the ticket! :mad:

If your husband's license was erroneously suspended, then take care of it via the court clerk. If it was legitimately suspended, tell your husband to SUCK IT UP - either way, shame on you for even thinking about getting off if the LEO doesn't show up in court. :mad:

Btw, the next time I saw that particular car being driven, it was a cousin of the weasel who got out of the ticket. The cousin was ALSO driving without a license. I cited him, impounded the car for 30 days, and made him and his family walk home. (With the weasel, I only cited and let him park his car to be picked up later. For my kindness, the weasel decided to shirk responsibility - I can't wait to catch him again, no more Mr Nice Guy)

[retdetsgt]

I'm not totally sure what happened, I know we had switched our vehicles around and made some changes to our policy shortly before his license was suspended. But we didn't switch companies. I think that maybe switching cars and license plates from vehicle to vehicle had something to do with it.

Insurance companies don't go by license plate numbers, they go by the vehicle registration number.

Also, just about every state sends a letter to the address on your driver's license prior to suspending it. In Oregon, the letter is sent certified mail. If he hadn't changed addresses w/o notifying the state, then he didn't get it. Most states require you to notify them of any address change within 30 day.

[Breandcjsmom]

To Samuel:

Sounds like your husband was doing something Hinkey with registration/plates/insurance/etc. I don't take tabs unless they are fake or "misaffixed".

We weren't doing any thing "hinkey" with the "registration/plates/insurance/ect." I am really insulted that you would even imply that. We have three vehicles. One is a parts truck, one is mine and one is my husband's. We keep tags and insurance on two. My car's motor blew so we switched my tag to my husband's truck and my husband's tag to his parts truck (insurances too) so we would both have vehicles to drive. When my car was fixed, we put my tag back on it and put my husband's truck in the shop for some engine problems. When it was done, we switched his tag back onto his truck and parked the parts truck again. So nothing illegal or shady was going on. We just had some major car issues that hit us with a week or so. And just because you dont take tags unless they are misaffixed in CA, doesn't mean they won't take them in FL for diving on a suspended license.

either way, shame on you for even thinking about getting off if the LEO doesn't show up in court.

And I am equally offended that you would assume that my husband and I would try and get out of a citation we actually deserved. If he wanted to cite my husband for playing his music too loud, fine. There is no doubt in my mind that my husband was driving down the road with his windows down, blaring some sort of rediculous music (ie. Ricky Scaggs). We would have paid the fine and been done with it. There was no reason for his DL to be suspended in the first place so why should we have to pay the fine and have points added to his license? (And just to clarify, I am not upset with the officer for doing his job.) Just because other people think things are never thier fault doesn't mean we do.

and made him and his family walk home...( I can't wait to catch him again, no more Mr Nice Guy

This is the kind of mentality I hate seeing in law enforcement officers. Self gratifing and out to get you. It's were people get a bad views of police. I am so glad that the vast majority of officers I have dealt with do not have this type of attitude.

[Breandcjsmom]

I appreciate everyones help and all the constuctive information you have given. His hearing is at 6pm eastern time tonight. I will let ya'll know what happens.

[BJJVad]

For your next post, please place the state you live in. We can give you a more direct response to your state.

The officer gave him a ticket for unknowingly driving on a suspended license. He also took the tag off our truck. The officer told my husband that he should fight the ticket.

Sounds to me like the officer probably had started the citation and then decided to cut him a break.

If the officer doesn't show up, does it automatically get tossed?

Yes, which is why I think he might have been trying to cut your husband a break.

I'm not sure if the officer was serious or not because he also told my husband he could drive the truck home if we wanted, but if he got pulled over agian he would go to jail. Then the officer parked his patrol car across the street and watched my husband until our friend towed him home.:confused:

Quoted for the verified. PM's only.

My husband is going to court today and I was just wondering what the chances were that it would be thrown out. Since there was no reason for his license to be suspended in the first place, how could we have had any clue it was suspended?

As you stated he was cited for "unknowingly driving on a suspended license". If you have proof that there should not have been a suspended license, then you need to fight it and bring evidence. That will get you a dismissal. The officer acted appropriately and seems to me he was very sparring.

After all, your husband didn't get cited for the noise violation.

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Added in regards to your comments toward the LEO's on this forum.

It is our duty to question people and their motives. Both here and in the real world. You may not like it, but it makes us good at what we do. If you want to get bent out of shape because an officer detects an issue with your statements, do not take it personal.

Had you been more thorough with your original post it would have been a little more clear to the reasons as to why. Even then, it sounds a bit shady to me as well, being that your husband works for a "Huge" car dealership.

[Samuel]

We weren't doing any thing "hinkey" with the "registration/plates/insurance/ect." I am really insulted that you would even imply that. We have three vehicles. One is a parts truck, one is mine and one is my husband's. We keep tags and insurance on two. My car's motor blew so we switched my tag to my husband's truck and my husband's tag to his parts truck (insurances too) so we would both have vehicles to drive. When my car was fixed, we put my tag back on it and put my husband's truck in the shop for some engine problems. When it was done, we switched his tag back onto his truck and parked the parts truck again. So nothing illegal or shady was going on. We just had some major car issues that hit us with a week or so. And just because you dont take tags unless they are misaffixed in CA, doesn't mean they won't take them in FL for diving on a suspended license.

You can't indiscriminately swap tags/papers/etc here in CA and I'd be VERY suprised if you are allowed to do that in Florida. Maybe what you are calling a "tag" is something different...


And I am equally offended that you would assume that my husband and I would try and get out of a citation we actually deserved. If he wanted to cite my husband for playing his music too loud, fine. There is no doubt in my mind that my husband was driving down the road with his windows down, blaring some sort of rediculous music (ie. Ricky Scaggs). We would have paid the fine and been done with it. There was no reason for his DL to be suspended in the first place so why should we have to pay the fine and have points added to his license? (And just to clarify, I am not upset with the officer for doing his job.) Just because other people think things are never thier fault doesn't mean we do.

AGAIN, IF the suspension was erroneous, you should be able to Cleanly and Clearly prove your case/solve the problem in court and You wouldn't/shouldn't EVEN BE ASKING about the ticket being dismissed if the LEO doesn't show up! You were the one asking for a back door - take your offense and shove it.

This is the kind of mentality I hate seeing in law enforcement officers. Self gratifing and out to get you. It's were people get a bad views of police. I am so glad that the vast majority of officers I have dealt with do not have this type of attitude.

S**** you. I don't mess with productive members of society. IF you fuc& up and fail to take responsibility for your actions (AND take advantage of my generosity/leniency to boot), THEN I'll be sure to let you know what a screw up you are. Most people who have a bad view of the police are those people who lie, cheat, steal, and refuse to take responsibility for their actions.

[Breandcjsmom]

Thank you BJJVad. We do have proof of having insurance at the time. I have gotten alot of misinformation from friends and relatives. I feel alot better now.

[DeltaV]

Before your license is suspended in Florida, DHSMV sends out a notice to the driver prior to the suspension. This is why it is a requirement that the address on your driver's license be your CURRENT address. The mail sent by DHSMV will not be forwarded by the post office, so if you haven't changed your address as required then you won't get the notice.

And you also cannot just change tags from one vehicle to another without filling out the proper paperwork with DHSMV and obtaining a notice of transfer. In order to obtain this paperwork, you must show your current insurance binder proving that there's insurance on the vehicle you're transferring the plate to. DHSMV will eventually follow up with the insurance company to make sure that all of your registered vehicles are insured. If one of your registered vehicles is not insured, your license will be suspended.

If you removed the insurance from your car BEFORE you legally transferred the registration to another truck, that will also trigger a license suspension--even if you were not driving the car. A one day lapse in a registered vehicle's insurance will trigger a suspension.

[Breandcjsmom]

Mr. Samuel,

In Florida you swap tags by going down to what is called the "Tag Office". There you take a number and wait your turn to talk to one of the nice ladies behind the counter. When your number is called, you hand the nice lady your DL, registration and proof of insurance and tell them that you want to move your tags from one vehicle to another. You hand them the title to your new vehicle and they switch your tags and print you a new registration for your vehicle. The whole process is quite thrilling.

You are quite a plesant character, aren't you?:D I can't belive you got so upset. Now let's take a deep breath and CHILL. Profanity is no way to get your point across.