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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41221
Experience:  Run my own practice.
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My husband goes to court tomorrow because he was pulled over

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My husband goes to court tomorrow because he was pulled over for driving with a suspended license... which he didn't know was suspended UNTIL he got pulled over. I was wondering if he should plead not guilty?

His license was suspended due to not going to traffic school when he opted in for it, and he didn't know there was an additional fine. I guess they tried to mail him a warning for it, but his address wasn't updated, so he had no idea.

He has no record (besides traffic tickets) and has never been arrested.

I was also wondering if you know what he can expect tomorrow in court.

Dimitry Esquire : Thank you for your question.
Dimitry Esquire : Please permit me to assist you with your conerns.
Dimitry Esquire : Has he at this point reinstated his license?
Customer: He did, the day after he got pulled over.
Dimitry Esquire : Good, that is excellent news!
Dimitry Esquire : Why do you feel that pleading guilty is a good idea?
Customer: I was actually thinking he should plead not guilty
Dimitry Esquire : That is correct, there is no benefit in pleading guilty
Dimitry Esquire : If he pleads guilty, he essentially opens himself up to potential fines, points, and even a license suspension.
Customer: What will happen when he pleads not guilty?
Dimitry Esquire : Instead, pleading not guilty and proving in court that the license was reinstated and was suspended without knowledge is a very strong defense
Dimitry Esquire : If he pleads not guilty what likely happens is that the officer ends up either offering a plea deal
Dimitry Esquire : Or the courts hold a hearing to evaluate the facts
Customer: Will he be assigned a public defender?
Dimitry Esquire : Then he could make his plea to the judge and explain the facts of how his license was unknowingly suspended
Dimitry Esquire : No, there is no public defender
Dimitry Esquire : He either appears on his own or brings his own attorney
Dimitry Esquire : This is not serious enough where a public defender would be provider
Dimitry Esquire : *provided.
Customer: What type of plea deal is acceptable?
Dimitry Esquire : Generally an officer may choose to extend a lower fine, possibly with no points, under which your spouse would agree to plead guilty but not have a violation.
Dimitry Esquire : But it is at the discretion of the prosecutor
Dimitry Esquire : Hope that helps and please let me know if there is anything else I can assist you with.
Customer: One final question-- because of the current circumstances, he wont be sentenced to jail or anything, right?
Dimitry Esquire : But that is highly unlikely.
Dimitry Esquire : courts take parties who immediately reinstate as a strong defense against a conviction.
Dimitry Esquire : So while it is possible, it is very highly unlikely.
Dimitry Esquire : Hope that helps!
Customer: Thanks
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