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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16558
Experience:  Experienced Licensed Attorney
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I have a question
Submitted: 5 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 5 years ago.
Hello. My name is Alex and I will be happy to answer your question.

Unfortunately, generally the prosecutor will make the reasonable effort to obtain an affidavit of mailing, even if it is from out of state and the judge would generally allow continuance of the case to give the prosecutor sufficient time to obtain this affidavit.

Also, as long as the DMV provides an affidavit of mailing that states that the suspension notice was mailed to an address that it had on file for you at the time, it would serve as sufficient proof of the fact that the suspension notice was properly mailed to you.


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Customer: replied 5 years ago.

Ok, how about this. I spoke to the VA DMV and they said that they sent me a letter saying that "If I don't pay a ticket by a certain date, my license will be suspended". Then apparently I paid the ticket after that date, and my license remained suspended (I guess I had to pay a fee to reinstate my license). Technically however they never sent me a letter saying that my license had been suspended. Is there a technicality in court saying that they have to notify me after my license is supended?

 

Any advice would be appreciated. I am a surgeon, here and at the time I was driving I was actually on my way to the hospital to see a patient. It wasn't exactly an emergency but could something like that help? Would you get a lawyer? What would you tell the prosecutor to get him on my side? This seems like a misunderstanding. And I would hate to have a misdemeanor. Thanks so much.

Expert:  Alex J. Esq. replied 5 years ago.
Thank you for your follow up.

Given the fact that this is a misdemeanor charge and if you are convicted it can create criminal history for you and also subject you to further penalties/license suspension, I would strongly suggest that you do consult and retain local traffic defense attorney who will be able to represent you in court and should be able to either get this ticket reduced on some type of legal technicality or on the merits of the case and in the worst case scenario should be able to negotiate a plea "deal", where you would agree to plead guilty to a lesser offense/violation that would not negatively impact your driver license/history and would only result in a fine.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!