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License suspension appeal advice

  • Thread starter Thread starter nblarson
  • Start date Start date

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nblarson

Guest
What is the name of your state? Iowa

Back in mid November I was given a citation in Minnesota for doing an 87 in a 55, considered a serious moving violation in Iowa statute that requires traffic school and imposes a 1 year probation period on the license. I completed traffic school and was doing fine until a minor accident in late july in which I was given a 50 dollar ticket for failure to stop at a safe and assured distance. Under the conditions of the probation, any moving violation would trigger a 2.5 month suspension, the notice of which I just recently recieved. Now I'm stuck with a license suspension from Oct 8th to Dec 22nd and an extension of my probation to Dec 2004 along with a 200 dollar civil penalty fine to regain my license. I'm going to appeal the supspension and was wondering if anyone who has succeeded in appealing or has knowledge of the appeal process has any advice in regards to doing so. I going to college out of state and having a car is crucial, especially when the school shuts down for breaks. The accident was minor, my airbags didn't even go off. I know that this is still a violation no matter what, and yes it was within my probation period....but are there any good formats our strategies for appealing a license suspension? Any help would be greatly appreciated.
 


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sdstrooper

Guest
You dug your own hole and screwed yourself. Courts don't look too highly on probation violations, because probation is your "second chance" so to speak. Learn to drive slower.
 

JETX

Senior Member
"I know that this is still a violation no matter what, and yes it was within my probation period....."
*** Since you already know the facts (and that your license suspension is valid), EXACTLY what is your basis for appealing the suspension??
 

lwpat

Senior Member
Your mistake was in not contesting the out of state ticket and trying to get it reduced to a non-serious violation. You knew the terms of your probation and now you will have to live with them.

I know a lot of people who go to college and don't have a car. It is not crucial and I doubt that you will get any sympathy from the court.
 
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nblarson

Guest
See, that's the thing tho, i was unaware that the first ticket constituted a "serious violation" since I doubt Minnesota county sherrif's are studied in Iowa code. So I plead guilty to the ticket and paid my fine. It wasn't until late february/early march when i recieved the notification from the Iowa DOT that I had committed the so called "serious violation" and my probation was instituted. If I had known that if such a violation would have had such implications, i would've have contested it, since the ticket was only 2mph over the "serious violation" mark.
 

spawn_x

Member
your only chance is to fight the actual violation and proove that you did not violate the law and that the other driver was at fault.

how good are the chances of doing that? very slim.

you may also talk to the hearing officer/judge and explain to them that you have been trying to be a better driver and do not have any speeding tickets and what not but i don't know if that would get you anywhere..
 

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