Ask Experts Questions for FREE Help!
  Advanced
Register  |  Log in  
   Ask    
 Answer  
  Help  

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Law > Other Law   »   driver's license wrongfully suspended

 
Question Tools Search this Question Display Modes
Question
 
 
#1  
Old Mar 5, 2008, 10:39 AM
peggyhill's Avatar
peggyhill
Senior Member
peggyhill is offline
 
Join Date: Oct 2007
Location: Earth
Posts: 913
peggyhill See this member's comment history on his/her Profile page.peggyhill See this member's comment history on his/her Profile page.
driver's license wrongfully suspended

My fiance was pulled over in December for failing to use a turn signal. He actually did use it, but he didn't realize it wasn't working. When the police officer realized the signal was broken, he was nice about it, and told my fiance that he had a week to bring the car down and show him it was fixed, and as long as he did that, the officer would tear up his ticket and he would owe nothing. My fiance had it fixed right away, took the car down to show to the officer 2 days later. The officer said "OK, you don't owe anything and the ticket is torn up. You don't have to do anything else about this ticket". The officer said the would call the traffic court and instruct them to remove the ticket. He said there was some amnesty program going on with traffic tickets. My fiance then checked with the traffic court the next day, just to be safe, and the lady told him that it was taken care of and he owed nothing- the ticket wouldn't go on his record and had been removed.

A little over a week ago, he received a letter from the DMV saying that his license would be suspended in 8 days for failing to pay the ticket! So, we went back to the traffic court. The lady said, "Well, we have it in the computer that you came in to confirm that the ticket was taken off, and it should have been taken off, but someone must not have put it in the computer, and there is nothing we can do-go to the police". Over the next week, we contacted the police every day, and every day they told us it would be fixed tomorrow. Then we finally got a call from the officer who issued the ticket. He said he was very sorry and it was all a mix up because he shares a to-do file box with another officer at the station and it had been misplaced. He told us that he just got off the phone with the traffic court judge, and the judge had called and informed the court that there was no unpaid ticket, it was all a mistake, and should be changed right away. Then we called the traffic court, who told us they had changed it and informed the DMV. My fiance was in the clear. We called to double check for three days in a row and each time were told "It's not going to be suspended, it was a communication error, and it's fixed."

Two days ago he went to the police station and asked them to run his license just to make sure. HIS LICENSE HAS BEEN SUSPENDED!!! The cops were shocked and said "Oh my God, no way! We'll fix this right away, we're talking to the judge and getting this fixed". Nothing has changed since. The judge supposedly called the traffic court, but we've heard that before. Now they're telling him he will probably have to pay around $200 to get it back. The cop said "It's totally not your fault and it's a computer error, but you're probably going to have to still pay around $200 to get it back" This is all not his fault! That doesn't seem right to me. Also, the cop told him "go ahead and drive, we won't pull you over". That also doesn't seem right. Needless to say, he isn't going to risk driving.

What can we do to get this fixed? Should we talk to a lawyer? They keep saying "it's getting fixed, it's getting fixed" Some people tell him he'll have to pay, others say no. The police, traffic court, and judge all say it isn't their fault and the DMV wouldn't even talk to him about it. What can he do? This is in Indiana and he has a clean driving record and is over 21. Thanks for your help!

Reply With Quote
 
     

Answers
 
 
Old Mar 5, 2008, 10:44 AM   #2  
ScottGem
Computer Expert
ScottGem is offline
 
ScottGem's Avatar
 
Join Date: Jan 2003
Location: LI, NY - USA
Posts: 21,899
ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.
Pay to call ScottGem for advice ($.75/min)
Call ScottGem via Skype™
The first thing I would do is get a written acknowledgement that the ticket should have been voided. Make sure this is signed (preferably by the original ticketing officer) and witnessed. It would also help if the court clerk who told him it was voided would sign it also.

Then send a copy of that letter to the State DMV demanding that his license be reinstated with no record of the suspension.

Comments on this post
peggyhill agrees: Thanks! I'll tell him to do that!
Altenweg agrees: You took the words right out of my mouth.
  Reply With Quote
 
     
 
 
Old Mar 5, 2008, 02:25 PM   #3  
Fr_Chuck
Christianity Expert
Fr_Chuck is offline
 
Fr_Chuck's Avatar
 
Join Date: Nov 2005
Location: Atlanta GA
Posts: 23,695
Fr_Chuck has disabled reputation
Would like to add more, but Scott hit it straight on the head.
  Reply With Quote
 
     
 
 
Old Mar 6, 2008, 10:21 AM   #4  
peggyhill
Senior Member
peggyhill is offline
 
peggyhill's Avatar
 
Join Date: Oct 2007
Location: Earth
Posts: 913
peggyhill See this member's comment history on his/her Profile page.peggyhill See this member's comment history on his/her Profile page.
Thanks to you guys for your help! Well, he went in to talk to the police about it. They were able to figure out that the DMV messed up. THe traffic court did tell the DMV that the license shouldn't be suspended. When the police talked to them, I guess they(DMV) said it was completely their fault and they were really sorry. I guess it was some sort of communicaton error. But, the police were able to fix it, and when he checked with the DMV this morning, his license was not suspended.

Scottgem, I told him what you said, and I had him get a signed statement from the police officer and the clerk, so if there is any more confusion, he has that to prove what happened.
  Reply With Quote
 
     


Question Tools Search this Question
Search this Question:

Advanced Search
Display Modes

 
Similar Sponsors

Similar Questions
Question Asker Topic Answers Last Post
how to get driver's license devonA Immigration Law 1 Nov 22, 2007 10:54 AM
License wrongfully taken in misunderstanding with cop. Mokasi Other Law 1 Aug 31, 2007 10:15 AM
Driver's License for someone MRDD Emland Learning Disabilities 6 May 3, 2007 10:16 AM
revoked driver's license cabroner Other Law 2 Mar 29, 2007 05:51 PM
Driver's License Check RubyPitbull Other Member Discussions 4 Mar 20, 2007 03:03 PM




Copyright ©2003 - 2007, Ask Me Help Desk.
All times are GMT -8. The time now is 09:29 AM.

Content Relevant URLs by vBSEO 3.0.0 RC6 © 2006, Crawlability, Inc.