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View Full Version : Driving on a revoked license.. Best Defense?


nuthinboutnuthin
03-31-2004, 10:34 AM
No it's NOT me..... really....

My brother was caught driving on a revoked/suspended license,( he had been stopped doing 85 in a 55..... and they promptly took away his license)

He has to appear in court soon..

What is the best defense?
Plead and beg for mercy?
Come up with a credible story ( he really has NO EXCUSE it was such a stupid thing to do I still cant believe it...

How do the courts usually handle these cases?

Should he get an attorney?

Thanks

Mr. Slant
03-31-2004, 10:42 AM
He should get a lawyer. In many states, active jail time is an option when you drive on a revoked license. Active jail time could lose your brother his job, upturn his life, etc.
If you were your brother I'd say:
Get a lawyer, get a lawyer, get a lawyer. At least call a lawyer and ask if they'll represent you. If I'm wrong, and this is a fine-only offense in your state, the lawyer will likely say as much, and advise you on how to conduct yourself in court. Sometimes you can get this much advice from the lawyer for free, even.

Oh, and as far as excuses go, the best excuse I ever saw for that particular offense was a lady whose husband had been beating her, so she fled in a vehicle. Irregardless of the excuse, the judge told the lady she could have ran to her neighbor's and called the cops, and then proceeded to hand out the state's normal penalty for this offense to the lady. Can't remember what it was, but you probably aren't in North Carolina anyway.

aahala
03-31-2004, 10:53 AM
Let's see now. A man is caught driving far beyond any speed limit in the United States and he doesn't have a license. I am aware of an attorney named Johnnie Cockran and I hear he's pretty good, particularly if gloves are involved.:D

Part of the OP seems to be in error. If Bro had his license revoked, he doesn't have a license the state can take. He may have had to hand over a piece of paper that had the word "license" printed on, which with $2 can buy a cup of coffee in some locations. I take it he was carrying it in his billfold because overwise it was too light.

ReverseCowgirl
03-31-2004, 11:00 AM
No it's NOT me..... really....

My brother was caught driving on a revoked/suspended license,( he had been stopped doing 85 in a 55..... and they promptly took away his license)

He has to appear in court soon..

What is the best defense?
Plead and beg for mercy?
Come up with a credible story ( he really has NO EXCUSE it was such a stupid thing to do I still cant believe it...

How do the courts usually handle these cases?

Should he get an attorney?

Thanks

I vote get an attorney. Courts take these things pretty seriously. There are few good defenses, but a good attorney who is familiar with the local laws and procedures will know what the best deal is for your brother. Otherwise, he is probably SOL. If he doesn't get jail time, he will get major fines and additional penalties against his license (like revocation, or long-term suspension).

Good luck.

don't ask
03-31-2004, 11:10 AM
He should try:

My sincere apologies your munificence. They did not inform me before I left Ursa Centauris that you earthlings have limits on the speed you are allowed to travel.

Now that I understand that your underpowered vehicles are to be restricted to a number less than the number on the signs I shall attempt to drive below this designated speed.

I will have Orson send me enough of your earth money to pay any fine you think is sufficient.

nuthinboutnuthin
03-31-2004, 11:25 AM
He should try:

My sincere apologies your munificence. They did not inform me before I left Ursa Centauris that you earthlings have limits on the speed you are allowed to travel.

Now that I understand that your underpowered vehicles are to be restricted to a number less than the number on the signs I shall attempt to drive below this designated speed.

I will have Orson send me enough of your earth money to pay any fine you think is sufficient.




:D ROFL....

The attorney suggestion sounds like the best advice so far......

The only trouble my brother has ever been in was the original speeding ticket
that got his license revoked,,,, so maybe maybe they wont nail him to the wall..
PS he is almost 19 and is generally one heck of a good kid

astro
03-31-2004, 12:06 PM
Get an attorney and dance, dance, dance!

asterion
03-31-2004, 02:03 PM
If I can hijack for just a moment:

How is doing 85 in a 55 enough to suspend a license which otherwise has, I assume from your description, full points? That sounds high to me.

IEatFood!
03-31-2004, 02:29 PM
Asterion,

Here in Maryland, it's called 'suspended h', as in section h of MD traffic code 16303, with which I am very familiar thanks to a somewhat questionable past, ;)
What it means is that you can have ticket with as few as Zero points attatched, but if you fail to pay it on time or at all, you will be suspended, until the fine is payed in full & the neccessary reinstatement fees are satisfied. Hope that helps.

And yes, 85 in a 55 on a revoked/suspended is mighty dumb. I hope he learns something here.

Nuthin,
Just to advise, since it is a first offense, depending on the state, have your brother get his license back (if possible), before trial. Loan him the $$$ if need be. He may not avoid a fine, but with that, jail time will almost certainly be taken out of the question.
The first time that ever happened to me (I like how I typed that; as if someone made me drive like a jerk at 2am on a suspended, lol), I got my license back in time for trial, & the judge fined me for what I was originally pulled over for (failure to destry expired temp tags, $25, ooops), and gave me probation before judgement on the DUS charge. In other words, off the hook.
Best of luck to your brother.

nuthinboutnuthin
03-31-2004, 02:31 PM
If I can hijack for just a moment:

How is doing 85 in a 55 enough to suspend a license which otherwise has, I assume from your description, full points? That sounds high to me.


I can only assume it was due to his young age ( 18) ......
they wanted to teach him a lesson I suppose..... make him think three times before he thinks about how much fun he thought he was having while speeding...


We were told they COULD have hauled his butt off to jail if they wanted to.
He had to pay a monstrous fine, has to take a driving course and do something else PLUS refrain from driving for 6 months..
PS. this all occurred in Georgia.

nuthinboutnuthin
03-31-2004, 02:44 PM
I have apparently created some confusion as to the sequence of events ( sorry).


Timeline of events:

1.Stopped for speeding ( 85 in a 55 ) issued a ticket, license revoked.....

2.Stopped ( no real reason) issued a ticket for driving without a license.

Hirka T'Bawa
03-31-2004, 03:52 PM
You brother is lucky he only got his licence suspended. When I was 20years old, I was caught going 90 in a 55 (Hey, its was on I-285, known as the Georgia Autobahn around here). The cop arrested me and I had to spend the day in jail till I could post bail. The worst part is the bail was over $3,000, Bobby Brown was arrested the same day for driving on a suspended licences and possestion of pot and his bail was less then mine!