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Hello, I got pulled over two days ago because of license suspension.

But I was traveling abroad...
Hello, I got pulled over two days ago because of license suspension. But I was traveling abroad during the last 4 month so that I did not receive any notice or letters from the RMV. Do I need a lawyer and how can he/she help me? Thank you.
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Answered in 8 minutes by:
11/3/2013
Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Verified

Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.

 

I need a little more information.

 

What was the license suspension for ?

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Customer reply replied 4 years ago

Because I had three supercharge event in the past 12 month, but I did not even know that my license would be suspended by this issue.

There is no question your license was suspended and the fact you were unaware of the suspension is not a defense. The penalty you face for driving on a suspended license depends on if this has happened before, and for what reason it was suspended. If this is your first offense, you will face a fine of $500 and up to 10 days in jail.

An attorney can work to minimize the fine and eliminating jail time. In many cases an attorney can get probation as a substitute for jail time. An attorney will also be able to argue for a hardship license so you can get to work.

These are things you can do on your own, but an attorney understands the process and can work with the prosecutor to get the best deal for the offense.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

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Customer reply replied 4 years ago

Thank you. Actually this is my first time to experience. When I went to the court yesterday, the prosecutor said that I only have to pay $200 fine for the whole case though I am not sure whether I got him right. I am wondering where can I check the exactly penalty? I also got a criminal complaint which states that:


Penalty: imprisonment not more than 10 days;or not less than$500,not more than 1000 fine;or both. and RMV shall suspend or revoke license for an additional 60 days. Penalty:if defendant has no prior conviction of finding of responsible, delinquency or sufficient facts to support a conviction for operating after suspension: not more than 500 fine.

That is outstanding. This is consistent with the information I provided. If the prosecutor is offering you a plea bargain of $200.00 you should take it. In that case you would not need an attorney because you already are getting a very light sentence.

 

If you speak to the prosecutor you should ask him if the fine and court costs are going to be $200.00.

 

 

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Customer reply replied 4 years ago

Thank you. One more question, since I have already plead not guilty, how can I change my mind to guilty? I mean, what exactly should I do? And how can I get my license and my car (which has been towed when I was pulled over).

You won't get you license because it is suspended. You will need to ask for a hardship license. This can be a separate proceeding, or in some cases you can ask the prosecutor if you can raise the issue at your hearing.

 

When you plead not guilty this causes a second hearing to be scheduled. At that hearing you can change your plea to guilty and the prosecutor will make a recommendation on the fine/jail time..

 

Once you pay all your fines and impound fee you will be able to get your vehicle back. You will need to have a licensed driver to drive the car home.

 

 

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Customer reply replied 4 years ago

Thank you. But the second hearing is on December, can I do it earlier? I mean, can I just go to the court and tell someone who may in charge of the the issue that I want to plead guilty?

You can talk to the prosecutor to see if he can get the case moved up. Normally traffic court cases are held every week on specific days. Since you are willing to plead the case out the prosecutor may be able to accommodate you. A lot depends on how busy the Court is and how busy the prosecutor is. There is nothing you can do on your own.

 

With respect to your impounded vehicle talk to tyeh clerk of the court and see if you can pay the impound fee and get your car out. You will need to bring a licensed driver to drive the car out.

 

 

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Customer reply replied 4 years ago

Okay. But how can I find the prosecutor? I do not even know who he is.

You can call the clerk of Courts with your case number XXXXX they can tell you who the prosecutor is. Or you can call the prosecutors office directly give them the case number XXXXX they can tell you who is handling the case. The clerk can probably give your the prosecutor's office number.

 

 

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Customer reply replied 4 years ago

So if I change my mind to plead guilty, will the prosecutor charge more for the fine or sent me to the jail? and how would this criminal record affect me in the future? Thank you.

You have to plead guilty to get the deal the prosecutor is offering. If you plead not guilty the court has to have a full hearing and the plea deal is off the table. In other words in exchange for pleading guilty the prosecutor is offering you a punishment of a $200.00 fine only. When you show up for the haring the prosecutor will tell the judge you are pleading guilty with a recommended punishment of a $200.00 fine.

 

If you do not pleas guilty with the plea deal, the offer of $200.00 will be off the table.

 

Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Verified
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Jack R.
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Satisfied Customers: 6,147
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