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post #1 of 21 (permalink) Old 02-28-2006, 06:47 PM Thread Starter
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Suspended License Q

I know a guy (seriously, not me) who was arrested last night because he was driving on a suspended license.

Turns out it was suspended because of not getting his car's emissions tested. Doh!

Today the car passed emissions, and went to the DMV who told him he had to come back in 2-3 days because that's how long it woll take them to get notified that he passed.

Now all he has to do is deal with the mandatory court date for driving on a suspended license.

The question is this: does he need a lawyer for this? If he shows up with proof of the passed emissions test and reinstated license, will they throw out the tickets or will he have to bend over?

What do ya think?

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post #2 of 21 (permalink) Old 02-28-2006, 06:50 PM
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I think they will easily throw that out. He probably had no idea his stuff was suspended.

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post #3 of 21 (permalink) Old 02-28-2006, 06:51 PM
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Quote:
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I think they will easily throw that out. He probably had no idea his stuff was suspended.

i agree



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post #4 of 21 (permalink) Old 02-28-2006, 07:00 PM
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A lawer will cost you 200.00. I think it is worth not taking the risk.

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post #5 of 21 (permalink) Old 02-28-2006, 07:00 PM Thread Starter
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Thanks. I'll pass that along.

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post #6 of 21 (permalink) Old 02-28-2006, 07:07 PM
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I got nailed with that last summer. Only the car that had not passed emmissions was sold 4 years a go I was so pissed and embarassed that I was being cuffed and arrested in my own hood.
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post #7 of 21 (permalink) Old 03-01-2006, 12:58 PM
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I've also gone through this. It was tossed without a lawyer.
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post #8 of 21 (permalink) Old 03-01-2006, 01:00 PM
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Quote:
Originally Posted by Dirtbiker
I've also gone through this. It was tossed without a lawyer.
same here.

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post #9 of 21 (permalink) Old 03-01-2006, 01:17 PM
 
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I guess it depends on where you go because I had a ticket back in December. I went to court to fight it and was told that the question was whether or not I was driving on a suspended not why it was suspended. I explained to the judge that I was never notified and I was told that I had to discuss that with the EPA. He told me that at the time I was issued the ticket I was guilty of driving on a suspended and that's all there is to it. I was given 3 months supervision and a fine (just over $100 I think).
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post #10 of 21 (permalink) Old 03-02-2006, 10:32 PM
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Quote:
Originally Posted by Jibit
I went to court to fight it and was told that the question was whether or not I was driving on a suspended not why it was suspended.
That's the key thing, really. In principle, you're not supposed to drive on a suspended license at all, so as long as you can't prove that it wasn't really suspended, they can get you for it.

If he's passed the test and got his license back, and can prove both, it'll help a lot, but since he's still technically guilty it's not a sure thing. I don't know that a lawyer could help much beyond that.

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post #11 of 21 (permalink) Old 03-02-2006, 11:01 PM
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Yes, he will need a lawyer... and yes, he will need to get his license reinstated first before going to court. That way when the lawyer goes up for him, he will just have to pay the fine and get supervision.

Screwy system.... come to think of it... I have to get my car tested soon too

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post #12 of 21 (permalink) Old 03-02-2006, 11:26 PM
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Complete due diligence and have all paper work done before going to court, dress the part (Tie etc.) and you'll get out with court cost , fine and hopefully, tossed out, maybe some supervison.....

Important to dress nice, shave, no hat, no cell phone, speak clearly and be polite and organized.. You'll be shocked at all the slap-asses that roll in to court with kids, flip flops, chewing gum and have no idea on how to carry them selves in court.. Do your self a favor and step it up a notch....
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post #13 of 21 (permalink) Old 03-03-2006, 09:57 AM
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If he paid a $100 bond to get out of jail that night and didn't get an I-bond, Ask the judge that you want to talk to the BAR attorney and he will represent you for your bond and get it tossed out for you. Just make sure he fixes his license before court and brings in his new license with him.

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post #14 of 21 (permalink) Old 03-09-2006, 12:31 PM
 
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IMO get a lawyer, went through similar thing without attorney and judge locked me up for 2hours to teach me a lesson. Out of sympathy a public defender came and spoke to the judge to let me go. I sang her praises all the way home. This was in Rolling Meadows so I guess it can depend on the judge, location, and luck.

Just my .02
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post #15 of 21 (permalink) Old 03-09-2006, 12:35 PM
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Quote:
Originally Posted by Phily-D
A lawer will cost you 200.00. I think it is worth not taking the risk.

no way, I wouldn't hire a lawyer for that.

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post #16 of 21 (permalink) Old 03-12-2006, 12:38 PM
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Frankly, as far as I am concerned, perhaps the state has the right to refuse to issue a license plate or a sticker to a car that fails to get or pass an emission test, but I don't believe they should have the right to suspend a DL.
One has nothing to do with the other.
And frankly, since there is no way to prove that they notified you of your DL suspension (and frankly, they often do not), I don't think you should be penalized for something you were not informed about.

I got a parking ticket for a car I never owned, and a Plate I gave up years earlier, and they wanted to suspend my DL, and told me it was my burden of proof that I neither owned the car or the Plate in question.

I got the supervisor and got her name and told them if they suspended my DL, I was suing the Sec of State, and her personally.

They have the records they need to prove I didn't own the car or the plate.

Anyhow, long story short, I think there should be a class action suit against suspending the DL.

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post #17 of 21 (permalink) Old 03-31-2006, 12:44 PM Thread Starter
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Just as a follow up (for those that might care).

He went to court today and all charges were thrown out.

He ended up getting a lawyer. Cost him $350. He is young and not a US citizen, so I think he was probably more worried than most.

He said his lawyer spoke to everyone before he even got there. There were a hundred people in court and as soon as they started, he went first. They called his name, he went up front and stood there, and they said everything was dismissed, "next". He never said a word.

I told him that he learned several important lessons about the US judicial system today .

End of story. No criminals here. Move along.

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post #18 of 21 (permalink) Old 03-31-2006, 01:12 PM
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Looks like getting a lawyer paid off.

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post #19 of 21 (permalink) Old 03-31-2006, 01:24 PM
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Do the vehicles just get tested for emissions or, like Pennsylvania, is there a saftey inspection?

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post #20 of 21 (permalink) Old 03-31-2006, 01:40 PM
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Quote:
Originally Posted by Bill Taborn
Do the vehicles just get tested for emissions or, like Pennsylvania, is there a saftey inspection?

Just tested for emissions. There is no way my car would pass a full inspection. I remember when I took the test a few years ago, my rotors were warped, but I had to take it to the test. I have an older car, so they have to run it on a dyno to test it. There was a woman testing my car, and everytime she hit the brakes the car would shake like hell, and just about slide off the dyno. She stopped the test midway and said she would have to get someone else to test my car, or fail me. So, another guy came over and fought the car all the way through the test on the dyno. I passed shockingly.

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post #21 of 21 (permalink) Old 03-31-2006, 01:42 PM
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D/L's i just found out yesterday that i have a suspended license going home from des plains. I was in Rolling Meadows (speeding) in my car, so now i have to go to court to set up a court date. Should i get a lawyer to go for me or what should i do?
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