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Question

My husband is trying to get his suspended lisence reinstated. He has two 10 year-old traffic tickets with failure to appear, and no record of them. He has been told that he will have to go to the court to arrange a court date. Does this mean he will be locked up? I have tried to find out by calling, and they do not want to give me much information. I know that this month is a month of amnesty for traffic tickets, but don''t know iof that would apply in his case. I don''t know what the citations were for; probably improper tag and driving while suspended.

Submitted: 616 days and 1 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
Birmingham, Alabama

Already Tried:
I called and talked to the DMV, at the location which provides license reinstatement. I was not aware that he had any tickets outstanding. They told me that he had two tickets from 1998, and I then spoke to someone at the court building, who told me that he would have to come in to schedule a court appearance. I also have been to the state DMV website, trying to locate any record of his tickets, and this has been unsuccessful. I know that when I received a ticket once for no seatbelt, i also missed my court date, twice I guess (my brother was ill with cancer and died). When I stopped by to try to ay the ticket, I was thrown in jail My husband will turn himself in or whatever, but we would like to avoid jail and bonding, etc. and would like an estimate of the expense we will be facing (ballpark??) Also where does a layman go to access the laws on these matters?

Accepted Answer

Hello blind justice,

There is no way of knowing whether they would actually put him in jail, but since this is amnesty month, the whole point is that you can come forward freely and take care of your tickets. He will undoubtedly has to explain himself, and I don't think it's out of line to think he might spend overnight or a few more days in jail, but as I said--it's amnesty. I have represented people that have let these really rather minor things, get bigger and bigger and were afraid to go to court.

But it's never as bad as it seems. And if he wants his license back, there is no other way. If he feels better, he could take an attorney. He needs to go to court and they will set a time for him to come back and appear in front of a judge to answer the charges. He will probably want to plead guilty (most people do in a traffic court) and pay the fine. Of course if he is innocent he will maintain a not guilty plea and then just put his story and evidence to a judge to decide.

I assure you, it will not be as bad as he has imagined. Believe it or not, they want these things to "go away" so they can attend to the real problems of crime. Good luck to you both.

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Expert: dkennedy
Pos. Feedback: 98.4 %
Accepts: 1687
Answered: 7/12/2008

Lawyer (JD)

Juris Doctorate Degree

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