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machele29 · Jan 8, 2009, 08:07 AM

Good Morning,
Unfortunately, I was stopped while driving with no ins. And a suspended license. I'm not proud of this. I had to get a public defender and I have an upcoming court appearance. I spoke to him and he said that to help myself out, I should call the dmv and ask them how I can help the situation. My question is, what options are available to me from the dmv. I've never heard of such an approach
Thank you... :(

SaraKammeraad · Jan 8, 2009, 08:13 AM

They might drop it down to no proof of insurance. I'm pretty sure that the DMV isn't going to be able to give you any useful information. I got in a situation somewhat like your but I also had wrong tags on the car. Public offenders suck first of all. But I don't think really any other attorney could help too much. I don't know wha the laws are in your state, but I live in MI and when we get something like the we have to pay a driver responsibility fee 2 years in a row. Mine was $200 each year. If your state just asks for fines I would just pay it, but make sure that the judge understands your situation on why you didn't have insurance, it may help your fine to be less.

machele29 · Jan 8, 2009, 08:16 AM

Thank you for that advice. I'm in Ohio but haven't been here long, so I don't know what to expect.

JudyKayTee · Jan 8, 2009, 09:10 AM

Originally Posted by machele29

Good Morning,
Unfortunately, I was stopped while driving with no ins. and a suspended license. I'm not proud of this. I had to get a public defender and I have an upcoming court appearance. I spoke to him and he said that to help myself out, I should call the dmv and ask them how I can help the situation. My question is, what options are available to me from the dmv. I've never heard of such an approach
Thank you.......:(

Both of these are serious charges -

Driving while suspended is a 1st degree misdemeanor. If the license is suspended in another State the penalities are (apparently) more severe because it is viewed as an attempt to evade the suspension.

Driving uninsured is also a 1st degree misdemeanor and among the various penalities is a suspension of your driver's license. I don't know what they will do when there also is no driver's license.

I have no idea what DMV can possibly tell you when both of these violations are clearly spelled out in Ohio law.

JudyKayTee · Jan 8, 2009, 09:12 AM

Originally Posted by SaraKammeraad

They might drop it down to no proof of insurance. I'm pretty sure that the DMV isn't going to be able to give you any useful information. I got in a situation somewhat like your but I also had wrong tags on the car. Public offenders suck first of all. But I don't think really any other attorney could help to much. I don't know wha the laws are in your state, but I live in MI and when we get something like the we have to pay a driver responsibility fee 2 years in a row. Mine was $200 each year. If your state just asks for fines I would just pay it, but make sure that the judge understands your situation on why you didn't have insurance, it may help your fine to be less.

Totally disagree with your public defender statement - it seems everyone who can't afford an Attorney, has to rely on assigned counsel (paid for by the taxpayers) and loses feels it's all the fault of the P.D. not their fault, not a problem with no evidence or too much evidence against him/her.

JimGunther · Jan 9, 2009, 01:56 AM

In my state (MD) a person who is caught driving while suspended can generally get the charge dropped if they go to the DMV and get their license reinstated.

Same thing with the insurance, if you get it current in MD by the trial date, they drop the charge. Of course they may not do this in your state, but I can guarantee you as a person who has a lot of experience in the court room as a police officer, bailiff, and in other capacities, that the more you do before the court date to correct the problems that brought you to court in the first place, the better off you will be.

machele29 · Jan 9, 2009, 08:04 AM

Good Morning,

Thank you for the advice. That's the best thing that I've heard all week. My public defender told me to call them, but he did not specify what I was to do or what they could do for me. I did not know that there was such a thing... never had dmv troubles.
Thanks so very much! ;)
M.

JudyKayTee · Jan 9, 2009, 08:52 AM

Originally Posted by machele29

Good Morning,

Thank you for the advice. That's the best thing that I've heard all week. My public defender told me to call them, but he did not specify what I was to do or what they could do for me. I did not know that there was such a thing.......never had dmv troubles.
Thanks so very much !! ;)
M.

Please come back and let us know what DMV says, how this gets resolved.

I also don't understand - was this a lapse in insurance or no insurance?

machele29 · Jan 9, 2009, 01:13 PM

Originally Posted by JudyKayTee

Please come back and let us know what DMV says, how this gets resolved.

I also don't understand - was this a lapse in insurance or no insurance?

No Insurance at the time

machele29 · Jan 9, 2009, 01:14 PM

No Ins. At the time

JudyKayTee · Jan 9, 2009, 04:31 PM

Originally Posted by machele29

No Insurance at the time

You did have insurance, didn't pay the premium, it was cancelled OR you never had insurance?

Makes a difference in NY - but very possibly not where you are.

machele29 · Jan 10, 2009, 10:30 AM

I live in Ohio, had insurance at the beginning of the year, but lost my job and stopped paying it. This all happened in 2008

JudyKayTee · Jan 10, 2009, 11:27 AM

Originally Posted by machele29

I live in Ohio, had insurance at the beginning of the year, but lost my job and stopped paying it. This all happened in 2008

I'd appreciate it if you'd let us know how this works out. As I said, NY is particularly unforgiving and I'm always curious about other States.

As a side note - I'm a liability investigator and I am seeing more and more people driving uninsured. In theory DMV gets the notice that the insurance has lapsed and takes action but I am seeing that they are overwhelmed with the notices and either are doing nothing or are taking action but very slowly.