On my way home from work last night, I was pulled over. I wasn’t speeding…the cop simply rolled up behind me and ran my plates. My car was impounded…my license was taken…and I was hauled to the station.
My insurance lapsed in May 2000. I was charged with an FRA suspension (no insurance…illegal in Ohio) and a NO OPS (no operators license).
I’ve had (in the past) a pretty rocky driving record. 52 points since I was 16 (I’m 26 now). Most recent was a speed ticket (last October) which gives me 8 active points.
I started my insurance policy (with General) in April 2000. I got my startup packet and paid the initial deposit. The next coorespondence (mail) I got from them was a notice of cancellation due to non-payment on May 31, 2000. Huh? What happened to the bills?
In June I received notification from the BMV that my license had been revoked due to a lack of insurance.
I knew that my license was suspended and was in the process of getting a new policy. Too late.
However, at the station, the cop informed me that my license had been revoked back in November of 1999. What?
Soooo…how screwed am I? My court date is Tuesday. I’d ask for an extension, except that I can’t get my car out until I appear in court. I expect that a lawyer could swing that for me.
Any advice?
TIA…
(please. if you plan on replying with a flame about “what a menace to society i am”…don’t.)
just in case you were looking for a second opinion, here it is:
Get a lawyer, pronto. this means make an apointment and pay some one.
If I read your post correctly, at the very least, you’ve been driving illegally and knowing about it since June (no insurance) and knowing that you didn’t have a valid ops for over a month. Realistically, your arguement of “I was gonna do it” will not impress the court.
You really, * really * need a lawyer personally looking at ** your ** case in person, and not some one’s best thoughts upon reading up on the Ohio state code of law.
malaka
Okay, first follow the previouas advice GET A LAWYER a good one preferably, a very good one.
I don’t know about ohio, but in illinois, I know this cause happened to me, driving on a revoked is NOT a good thing. It is a minimum of seven days in yail, or 30 days of community service, providing you can your insurance taken care of as well as all your other things, you still have your driving on revoked. Get your date kicked to a later time for sure, you need to see what you can do to get your licence back BEFORE you go to court for this, if that is possible than you are in the clear. If not than perhaps your lawyer can work somethign out for you. Good luck pal.
They will likely be able to sort it all out. My husband was caught in a similar situation, except his was even worse. Lots of fines and a loss of license for a while and he was back on track. This is your opportunity to learn a valuable lesson about keeping up your insurance commitments. One lesson you’ve learned is it’s YOUR responsibility to make sure you have your paid policy IN WRITING at all times. I almost got my homeowners policy cancelled the same way. They sent the bill to the wrong person, but it didn’t matter. The responsibility was mine to ensure it was paid. It’s a bitch, but a fact of life.
So you drove with a suspended license and no ins? They may well pull your license for a while. Bummer man. Could have been worse- what if you had been in an accident and hurt someone and had no insurance to pay for it? Scary shit, man.
Good luck! If you can’t afford a lawyer, go to your local Legal Aid, where they’ll provide a low cost/free lawyer to you.
Regarding Ohio traffic laws:
From the Digest of Ohio Motor Vehicle Laws: http://www.state.oh.us/odps/division/bmv/mvdigest.html
It’s in Acrobat form- I suggest you download Acrobat and give it a read. The stuff relevent to your case is on pages 46-49
Sorry dude, looks like you’re screwed to me. They equate driving on a suspended license with drunk driving (same penalty). Yikes.
I’m glad to hear you are getting a lawyer. These types of infractions can seriously affect your life for three months to a year and sometimes even longer. Jail time is a possibilty depending on several factors including your prior history, et cetera. A lawyer is vital in these types of situations because it can be very complicated dealing with the administrative and judicial systems. Furthermore, you may want someone to evaluate other aspects of your case like whether the stop was justified. Although I understand your license may be suspended for a while longer if you get and lawyer and a continuance, the long-run cost of the inconvenience is negligible compared to the legal ramifications of rushing into a courtroom unprepared.
In addition to handling this immediate situtation, you also need to find out why your license was revoked in Novemeber. Last year I worked as a legal aid attorney and handled many cases in Colorado similar to your situation. In many of those cases, my client had forgotten to follow up on the system in a prior case (i.e. the DMV and probation regulations were not met and thus the person was held to be uncompliant). I can tell you one immutable truth, the system never gives a crap, and thus often makes mistakes. If you don’t make sure all of your buttons are in a row, it’s all on you.
Thus, if a license was suspended before and, although the time of the suspension expired, the person seeking to reinstate didn’t renew the license (common mistake), the license is still held to be suspended. A person must go down to the DMV, and have the DMV reissue the license. Make sure all of the forms are filed, all the fees are paid, and you have the appropriate type of insurance.
In regards to the November issue, please pay special attention to any serious driving infractions and the root cause of the FRA–that sounds like a really good starting place. Any decent lawyer will help you with this and will also tell you what you need to do once this is all over. Remember, diligence is the key.
Anyway, obviously this is not legal advice, nor should be taken as such. A person cannot give good legal advice over the computer. Each state differs, but more importantly, each case (even if they’re all FRA cases), also differs vastly. Your case requires the personal attention of a compentent defense attorney who handles FRA and other suspension/revocation cases.
