Bogus "Driving w/o license" ticket--advice?

In My Humble Opinion
1

I recently moved to Virginia. I haven’t bothered to get a Virginia driver’s license yet, because my wife is applying to grad school in several other states, and we may move within the next 6-8 months or so, depending. I have a valid NC driver’s license.

In 2002 I got a ticket in Virginia for doing 67 in a 55. I never paid it, the statute of limitations expired, no harm/no foul.

Recently, I was pulled over for doing 49 in a 35 recently. No biggie, it was a speed trap, but I was just going to pay it and go on with my life. However, the lovely Virginia State Trooper in question also gave me a ticket for “driving without a license”. This cannot be paid, I have to show up for court.

I’m pretty sure it will be dismissed. I have a copy of my NC driving record, and that ticket from 2002 shows nowhere on there, nor is there any note on there from Virginia saying that I’m not allowed to drive there.

Would you folks recommend I get a lawyer, or just show up with the certified copy of my NC driving record and ask the just to dismiss the “driving w/o license” charge? I don’t mind paying the speeding ticket, I don’t even have any current points on my record right now.

I priced a couple of lawyers, who said they would defend the speeding ticket for around $250, which I found reasonable, based on past experience. However, both of them tried to tack on an extra $500-$700 for the “driving w/o license” ticket.

I find this situation ridiculous, and my guess is that the judge will dismiss that ticket, as long as I bring my certified copy of my NC driving record with me.

2

Ok, so you were driving recklessly, you didn’t have your license with you, the cop did you a favor by putting down 49mph on the ticket because you were actually going faster than that and the fine would have been much larger. And you’re proud of being a deadbeat and running out on a previous ticket. What was the question again?

3

I’m not clear on this… were you, in fact, driving without a license, or just without a Virginia license?

4

I do not know if VA requires you to change over your license within a certain period of time to a VA license showing your current address. Most states do.

That may be the real reason behind the fine, and if so, you will probably be able to ask the judge to waive it with some success. If it were me, however, I would check and see how long you can live in VA before you have to change your license over, and if you’re way past that time, go ahead and hedge your bets by getting a VA license before your court date. That way you can show the judge BOTH your NC license and your new shiny VA license, so you’re covered either way.

But that’s just me.

5

How long have you lived there? Like almost all states, Virginia requires you to get a Virginia license within 60 days of moving there. If it’s been longer they probably won’t consider your NC license to be valid.

6

From the Virginia Driver License web page

Most states have similar requirements. So, if you have lived in Virginia for more than 2 months, you are indeed driving without a valid license.

7

It’s entirely possible your driving privileges may be revoked in VA due to that unpaid ticket. That is often done here in Indiana.

And I don’t know of any reason why VA would share anything with NC, so that means nothing.

If that is the case, you’re lucky you weren’t arrested.

8

Regardless of whether you were driving without a license, failing to show up in court might well have a negative impact on your ability to obtain one in the future.

9

Did you even read the OP?

10

Yes, quite thoroughly. Did I miss some other illegal and irresponsible behavior by the OP?

11

Not to stray too far off topic here but I’m confused; how is it that you could have a spotless, points-free driving record when you failed to pay a rather hefty speeding ticket? :confused: So all you have to do to evade culpability for driving infractions is to “wait it out” until enough time goes by and then everything’s cool?

12

So,no lawyers commented yet, huh?

First, I had my valid NCDL with me at the time of the ticket. I was not “driving recklessly”. I was going down a hill about 1/8 of a mile from the only stoplight in the entire county. The speed limit there is technically 35, but this is downhill in the mountains, and you have to apply the brakes pretty heavily, or downshift into 2nd gear, if you want to actually do 35 mph at that point. Most people speed when going downhill at that spot, from what I see.

Second, I’m pretty doggone sure states have reciprocity agreements with each other re: the validity of each others’ driver’s licenses. That throws the idea that Virginia can suspend my NC license right out the window, especially when you understand that the statute of limitations EXPIRED 5 YEARS AGO. (read a fucking post thoroughly, people. )

I don’t actually know the penalty for NOT getting a VA DL if you live in the state more than 90 days. That, however, is immaterial, as I’m planning to go get one next week.

I mean, I know it’s late, and none of you have legal training, and are really just passing them time by posting, but I really wanted factual information from lawyers and/or people who’ve been in (or know of) a similar situation.

This isn’t really an opinion thread, but I have to put it here b/c I’m asking for advice.

13

67/55 is “hefty”? What world are you from?

And as far as waiting out the statute of limitations, people who are young, poor, and just travelling through a state do it all the time. I know of at least 3 myself who’ve done it, and no doubt there are hundreds of thousands more.

I’m concerned about the implied insults in your post, though. I actually haven’t had a speeding ticket in NC since 1998. I had several before then, but none since.

I have no points on my record because I’m generally not a speeder.

Have I done something to you, to deserve the abuse? I mean, you’re not a lawyer, and know nothing about the subject at hand, so…what exactly am I getting from the exchange between us?

14

Ooooookaaaaay then, I bid you farewell kind sir.

15

Did you happen to ask the cop why you were getting a ticket for driving without a license when you had a valid license with you? Did the cop tell you your NC license was no longer valid? It might help any lawyer that does come along if you can link to the specific code violation as given in the ticket.

16

He said it was because I had the unpaid ticket from 2002.

I’m almost certain he’s wrong, though…I got another speeding ticket in VA in 2009 for 66 in a 55, just paid it and that was that. No mention of the old ticket.

Seriously, please don’t respond to this thread unless you have useful knowledge to share. No one has had that so far. That’s just a general request.

17

My advice to you is to plead guilty and pay the fines that you owe.

18

You need to seek advice from an attorney licensed in Virginia.

19

He admitted to doing 49 in a 35. He has a license, but it is not for VA. (He did not say how long he’d been living in VA.) I think you only skimmed the OP and didn’t care to read any deeper due to your disgust at the OPs attitude.

20

Let me get this clear. You are indeed a resident of VA not NY? How long have you been a resident of VA?

Now, the various states, in a attempt to milk more cash, are going thru old tickets. They can & will send a demand to your state of residence, and in most cases (I cant say about NY) your home state will make you pay that ticket before you renew your driver’s lic.

I dont know what VA Statue of Limitations on moving violations is. But yes, I have heard of 10+ yo tickets being held against you. Thus, you may be wrong about “the statute of limitations expired, no harm/no foul”. Since a Moving Violation is generally not a crime (it is usually a Code Violation) the Commonwealth could set a 20 year SoL on the fine if they wanted to. Or 100 years.

Now yes, in 2009 they may not have caught that old ticket. That may be because in 2010 or whenever is when they got serious about updating the records.

I have found one cite that sez there is none.

and this:

http://chat.lawinfo.com/there_statute_limitation-t13749/index.html?

Now, true, ianal. But I know a lot about Code Violations. Thus, I think you are wrong when you say* “that the statute of limitations EXPIRED 5 YEARS AGO” *.

So, it looks like you should either hire a VA lawyer or go into court and throw yourself on the mercy of the Court. I dunno about saying that you blew off that ticket. I will point out that some people have paid those old tickets, but still got dunned for them. Judges can be sympathetic in that case. Are you sure that isnt what happened?

Ianal. ymmv.