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A friend of mine who lives in NC got a ticket in GA, appeared…

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A friend of mine who...
A friend of mine who lives in NC got a ticket in GA, appeared in court, paid the fine, was told it was just a traffic infraction on his license and that's it, no worries.

However, A YEAR LATER, gets notified by NC DMV that his license is being suspended for a year because of what happened in GA...the year before. Any advice? It just seems ridiculous, not to mention illegal somewhere to essentially be punished twice for one incident. Would really love any help we can get to clear it up.

Already had one NC lawyer tell us there was nothing NC could do, we would have to have a GA lawyer clear it up. That doesn't sound right to me, since its NC taking further action, especially when GA already said at the beginning that it was taken care of....?
I mean....???....GA told us last year we did everything we needed to already...GA is not the one suspending the license afterall...it's NC...?

But now both NC & GA lawyers are saying there's nothing that can be done.
Now what?

I get that the ticket can be/is placed on his record with points. But when GA said that is all, now we are at a loss to receive this information from NC a year later saying his license is suspended because of the incident.

He is trying to gather all the reports on the incident, and I told him he needs to get a copy of his driving record, too...so I'm not sure yet. He was pulled over for speeding, but I told him he needs to get copy of incident to find out what exactly was recorded because there must be something that we are unaware of!
NC is tough, and his hearing with the DMV is tomorrow. I'm praying so hard that there is something to do to help lessen the consequence, or someone who knows how to help.
Submitted: 8 years ago.Category: Legal
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6/29/2010
Lawyer: Alexia Esq., Managing Attorney replied 8 years ago
Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,637
Experience: 19 Years of Legal Practice Experience in this precise field.
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Stephanie O. Joy, Esq. :

Are you saying he got 1 speeding ticket in GA, do you know how fast he was going and in what zone?

JACUSTOMER-b1saynvq- :

I'm trying to gathing all info...what I know right now is that he was on the intersate (I-75 in GA) and I think he was going between 85-90.

Stephanie O. Joy, Esq. :

Hmm, it is possible that the speed, depending on the zone, was mere speeding in GA but constituted recklessness in NC, which may warrant a revocation of license. Or, if his points in NC are so excessive that he was bordering on losing his license if he added any more (or, say, a large point speeding ticket), once the reciprocity kicked in between the two states, he had an administrative revocation by DMV. Definitely get him to look at his Abstract. Also, did they tell him for how long his license is revoked/suspented in NC? And or what the conditions are for reinstatement?

I realize he is even more upset because GA didn't tell him what NC might do to him. But, since NC is not their jurisdiction, they really can not tell him that. NC can change its rules at anytime. But with current reciprocity laws between states, most states DO get notified of out of state violations, and handle it according to their own laws. It is not double jeopardy, I'm afraid, since driving is a privilege, etc. etc. and he is not being tried twice. However, it is true that we need to research all the ramifications that may apply to violations, before we plead guilty, which is what he did in GA apparently.

Stephanie O. Joy, Esq. :

Doesn't mean there may not be recourse to get his license reinstated, but he does need to get the facts behind the reason for the suspension -

Stephanie O. Joy, Esq. :






Sincerely,




S. Joy, Legal Expert


 


 



 

JACUSTOMER-b1saynvq- :

According to the notice he received in the mail from the NC DMV, his license is suspended for a year. But his hearing is tomorrow. Do you have any suggestions for asking for a lenient consequence? The first incident happened a year ago

JACUSTOMER-b1saynvq- :

(I hit enter before I was done typing, sorry). The first incident happened a year ago, so on top of everything, it seems very strange that NC waited a year to tell him about this, which I'm afraid will lessen the chances of getting a lenient charge and affecting what's put on his record.


 


When he appeared for his courtdate last year and paid the fine, that he pleaded no-lo, so he did not plead guilty. He told me what that means in GA (I forget right now - are you familiar with this?), but the lawyer he spoke with recently said that NC doesn't have that, which my friend did not know at the time. So I can understand how it may appear to NC that he pleaded guilty last year, which now makes a little bit of sense with what we're going through based on what you said about needing to study ramifications first before pleading. He thought it was taken care of by pleading no-lo. :(


 


Anyway, since there doesn't seem to be a likely happy ending to this, I guess I only have one last question about it: do you have any suggestions on how to ask for a lenient consequence? His DMV hearing is tomorrow - it would really be devastating if they inforce the 1-year suspension...he has to work. And I will be sure to tell him to find out what the reinstatement conditions are, as you suggested.

Stephanie O. Joy, Esq. :

Hi again, see my responses below to you post:



According to the notice he received in the mail from the NC DMV, his license is suspended for a year. Did they site to a statute or provide a reason??

But his hearing is tomorrow. Do you have any suggestions for asking for a lenient consequence? Not without yet knowing the basis for the suspension!The first incident happened a year ago--obviously, he should bring that up if he has nothing else to go on.





4:01 PM



(I hit enter before I was done typing, sorry). I do that all the time! Hard to get used to the fact that the 'enter' button actually ENTERs the post, lol.

The first incident happened a year ago, --Is there a second incident???so on top of everything, it seems very strange that NC waited a year to tell him about this, which I'm afraid will lessen the chances of getting a lenient charge and affecting what's put on his record.


 


When he appeared for his courtdate last year and paid the fine, that he pleaded no-lo, so he did not plead guilty. Same effect.

He told me what that means in GA (I forget right now - are you familiar with this?), but the lawyer he spoke with recently said that NC doesn't have that, which my friend did not know at the time.It means he is not contesting the charge, which essentially equates with a guilty finding.

So I can understand how it may appear to NC that he pleaded guilty last year, He stated "I don't contest these charge(s)"; and the GA court then easily found him guilty, based on the evidence, since her did not rebut or refute it.

which now makes a little bit of sense with what we're going through based on what you said about needing to study ramifications first before pleading.Yes, anything other than "not guilty". He thought it was taken care of by pleading no-lo. :( He probably should have hired a lawyer back then - people try to save a buck, but then lose 000s if they don't take the time to do the necessary legal research to knoow what they are doing.

But again,it is IMPERATIVE that he learn on what basis he is getting revoked. I can almost guarantee is it no for just a 2 point speeding ticket in GA, you know? He must have a doozy of an abstract possibly?


 


Anyway, since there doesn't seem to be a likely happy ending to this, I guess I only have one last question about it: do you have any suggestions on how to ask for a lenient consequence? Depending on the reasoning for the suspension - if there is even discretion by DMV. If there is, I'd show them how wonderfully safe my driving record is, how my job will be hindered such that I will likely lose it, that I have no criminal records, and an exemplary individual, etc. That I have a family of 4 and I am the income earner. 1 Year IS A LONG TIME. This is why I say he must have something bad on his record.

His DMV hearing is tomorrow - it would really be devastating if they inforce the 1-year suspension...he has to work. Yep, many people have to hire a college kid to take them to and fro. It beats not working! And I will be sure to tell him to find out what the reinstatement conditions are, as you suggested. Is he considering hiring a local attorney at this point I hope? Not doing so really screwed himself before, hopefully now he realizes he is in deep?









Sincerely,




S. Joy, Legal Expert


 


 



 



JACUSTOMER-b1saynvq- :

Definitely learning the hard way that it would have saved a major headache and $ if he had asked a local attorney last year when he got the ticket. :( :( :( We just didn't know that NC would have something else to say.

Stephanie O. Joy, Esq. :

I understand. I don't think I even know of a state that does not now have reciprocity agreement with the others, to share information so that the receiving state (who issues the license) can charge as they deem appropriate. I do wonder what he did to cause a years loss though.









Sincerely,




S. Joy, Legal Expert


 


 



 

Alexia Esq.
Alexia Esq., Managing Attorney
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Customer reply replied 8 years ago
Ok good news: the hearing went very well today! Gathered as much info as possible beforehand. He did not have an attorney with him - I wanted him to, but the lawyers he talked to kept saying "there's nothing we can do" and they said that the DMV can be "persnickety" and it could backfire to have them come anyways. Which, if this weren't happening to us, I'd be tempted to chuckle. But right now its not too funny.

Anyways. You are right, there was something big on his record. Here's the background info (like you have plenty of time to read this, but here's just in case): several years ago he was ticketed in South Carolina for an improper lane-change. He "took care of it" right away, filed report, paid fine. And went on his way.

The ticket he got last year in GA reflected that it was for "driving without a license." We are shocked! What happened was SC sent the incident report to NC about the improper lane-change, but never sent the follow-up paperwork that he had paid the fine. So all this time, unbeknownst to him, NC has had on file that his license is suspended due to an outstanding ticket! Incredible!
So what he paid in GA last year was the fine for driving without a license. Which, like you said, has most likely added to the problem that he did not get a lawyer or attorney at that point, first!
And the notice he received last week from NC was a year suspension for driving without a license last year. Which, isolating that fact, a suspension makes sense. But when you put the whole story together, it's incredible to me that this is because SC didn't file properly in the first place several years ago!!!
Fortunately he got copies of everything (from the first incident and the paid ticket, plus everything that happened last year).

The person at the hearing was very sympathetic (which shocked me, because up until this point, no one has shown any concern or help for this situation). They told him they couldn't make this all go away but they could lessen it to 30 days instead of a year. So in a word, I'm thrilled!

I sure hope that wraps everything up. Thank you for your responses. It has given me perspective and helped me think through the details to help, and its given me peace of mind that we were trying everything we could to get this straightened out. I've learned (and he has, too -- big time) and I sure hope this never happens again!

Thanks again and have a great evening.
Lawyer: Alexia Esq., Managing Attorney replied 8 years ago
I'm so thrilled! 30 days beats a year, my gosh. And getting that background info as to WHY the suspension, as you can see, means the answer to working with that information vs. blindly giving what they dish out. I'm proud of you your diligence and helping him out with it! Have a great Independence Day weekend :)
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