What can I do if I did not know that my license was suspended? - Criminal Law Questions and Answers- LawQA.com

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What can I do if I did not know that my license was suspended?

I was pulled over and the trooper said my license was suspended for a non payment of court fine. I was not aware of my license being suspended. What is my recourse?

Law Offices of Martina A. Vigil, PC
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You can fight the charge of driving on a suspended license if you did not have knowledge that your license was actually suspended. If the DMV failed to provide you with notice of the suspension, your case could be dismissed.

Answer Applies to: California
Replied: 11/9/2011

Law Office of Phillip Weiser
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You should contact the court where the fines were due and pay them along with a reinstatement fee, usually that would release the suspension on your license.

Answer Applies to: Kansas
Replied: 11/7/2011

Answer By Seth L. Reszko

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Obviously, you might have to pay the court fine. If you did not get notice of the suspension, the court might lift the suspension but only if that court fine is paid.

Answer Applies to: Nevada
Replied: 11/4/2011

Answer By Robert J. Shane
Shane Law Office
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Before you can be convicted of driving after suspension, a prosecutor will need to prove beyond a reasonable doubt that you knew, or should have reasonably known, that your driver's license was suspended on the date of the offense. The prosecutor can meet this burden of proof by introducing at trial a certified copy of the notice of suspension of driving privileges mailed by the Department of Public Safety to the address listed on your driver's license. If the notice was never mailed to you by the Department, the prosecutor may still introduce other evidence at trial proving that you reasonably should have known about the driver's license suspension. For example, you may have been informed by a judge at your last court appearance that as a result of pleading guilty to no insurance, your driving privileges would be suspended or revoked. You may have a notice defense to the charge of driving after suspension. An experienced Minnesota traffic defense attorney will make a request from the prosecution for copies of all the evidence the prosecution intends to use against you at trial. If there is no evidence to prove beyond a reasonable doubt that you had knowledge of the suspension of your driving privileges, your criminal defense attorney will file a motion to have the charges against you dismissed for lack of probable cause to believe you committed the offense.

Answer Applies to: Minnesota
Replied: 11/4/2011

Law Firm of Martin & Wallentine
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There could potentially be an issue where notice wasn't properly served. This occurs in situations where the notice of suspension was sent to an incorrect address and they had notice that you were elsewhere. You need to get a criminal defense attorney to represent you. In the meantime, get your license reinstated as this will help your cause with the prosecutor.

Answer Applies to: Kansas
Replied: 11/3/2011

Law Office of Richard Williams
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Find out what fine you did not pay resolve it. After paying the fine the clerk where the ticket was docketed will send a letter of clearance to the State of Alabama. Following the Alabama Department of Public Safety receiving the letter of clearance, you can pay a reinstatment fee at the location where you get your driver's license renewed and have your driving privileges reinstated and receive a new license. If you go to Court with your license reinstated,very likely, but not always, the charge will be amended or dismissed.

Answer Applies to: Alabama
Replied: 11/3/2011

Answer By Michael Palumbo
Palumbo and Kosofsky
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We can represent you to work on getting the case dismissed.

Answer Applies to: New York
Replied: 11/3/2011

Answer By Samuel Harrison
Harrison & Harrison
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Your license can be suspended when youfail to appear for traffic court. The only suggestion I have is to (1) get the earlier case closed, then (2) go to the court that has your suspension case and beg them like crazy to let you plead toa lesser charge.

Answer Applies to: Georgia
Replied: 11/3/2011

Answer By Nixon Ayeni

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You have none if your suspension was made known to you in court and if a mail was sent to your address on record.

Answer Applies to: Minnesota
Replied: 11/3/2011

Answer By Robert Giannini
Giannini Law Office, PC
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You need to speak with a lawyer directly. To be convicted of driving while suspended they must prove that you knew or should have known that you were suspended. There may be defenses to this case. Be aware that if you plead guilty your license will be suspended all over again.

Answer Applies to: Georgia
Replied: 11/3/2011

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