Need Advice!!!

[redshift451]

I was pulled over on Monday in Columbus, OH for a minor traffic offense. After checking my record, the officer informed me that my license is suspended. Rather than taking me to jail and towing my car, he allowed me to call someone to drive the car away. But now I have a court date scheduled for Wednesday for the Driving Under Suspension charge. I called the BMV, and it seems that my license was suspended because I didn't show proof of insurance on Sept. 26, 1996. On that date, I received an Expired Tag ticket (also in Columbus), and I didn't pay it until May of this year (I forgot about it). After I payed the ticket, Franklin County (Columbus) sent in paperwork to the BMV that I failed to show proof of insurance in 1996, and the BMV suspended my license in July. They sent the notification to my address in Columbus, where I haven't lived for nearly nine years. Can Franklin County or the Bmv really suspend my license for not showing proof of insurance nearly nine years ago? If I plead Not Guilty and try to fight this, what are the chances of the the judge dropping the case, or at least grating me work-driving privileges until the case is resolved?

 

[seniorjudge]

Q: Can Franklin County or the Bmv really suspend my license for not showing proof of insurance nearly nine years ago?

A: Yes.


Q: If I plead Not Guilty and try to fight this, what are the chances of the the judge dropping the case, or at least grating me work-driving privileges until the case is resolved?

A: You should plead guilty, show proof of insurance, beg for mercy, and get a hardship permit (plus an ungodly insurance bill for many years to come). You really have presented no reason in your post for this failure, so you will just have to work with the system to get your license back.

 

[redshift451]

But I don't have records from nine years ago. How can I be expected to show proof of insurance when Progressive's records only go back seven years? Even the IRS is not this demanding.

What is the statute of limitations on breaking and entering? Five years? Armed Robbery? Ten years? But not showing proof insurance has no SOL. Is this fair?

So I could have robbed a few people and now have nothing to worry about, but because I didn't have a little card with me, I could go to jail? I have to BEG for mercy? **** no. I am fighting this.

 

[poohmantbb]

What is the statute of limitations on breaking and entering? Five years? Armed Robbery? Ten years? But not showing proof insurance has no SOL. Is this fair?

So I could have robbed a few people and now have nothing to worry about, but because I didn't have a little card with me, I could go to jail? I have to BEG for mercy? **** no. I am fighting this.

Actually, if you robbed somebody, you would have been caught. It is not their fault you fail to keep your papers organized. As for the suspnsion notice you didn't get in the mail becasue you hadn't lived there for "nine years", try changing our address within 30 days as ordered by law, because you would have gotten the paperwork in the mail!

As for your temper tantrum you just threw, grow up. People give you advise, but just because they didn't tell you that your boo boos will be okay, you have to act like a three year old? You go Mighty Mouse, ("No, I am fighting this") try to fight it. Then, when you lose, come bck and update us. Then you can tell us how you should have just listened and "begged for mercy". Good luck...... you'll need it.

 

[redshift451]

I think you missunderstood a good deal of what I've stated. The BMV has both my current address, and my address for the previous five years. The notice went to the nine year old address because the BMV changed their records when I paid the nine year old ticket.

As for not keeping proper records, as I stated above, Progressive (my insurance company at the time) only keeps records for seven years. How many of you have paperwork proving you were insured in 1996?

I am not throwing a tantrum or acting like a child. Begging for mercy will not change the facts of my case. The case should be decided on the facts, not the mood of the judge.

 

[poppakeith]

Begging for mercy will not change the facts of my case. The case should be decided on the facts, not the mood of the judge.

Should be, redshift, but the mood of the judge plays an important role in whether or not facts even get looked at. Maybe the fact you have complete records on paid-up insurance for the last 7 years will put him in a better mood for hearing the complexities of the address mix up, as well as your assurance you had it even 9 years back. Judges don't like complications due to bureaucratic screw ups any more than you do. They waste his time and put him in a bad mood. One thing he will know, however, is that you did neglect to fix the deal, way back when, and you are easier to hold it against than is a faceless bureaucracy.

 

[redshift451]

Yes, I did fail to pay the ticket way back when. In all honesty, I forgot about it. I moved out of Columbus soon after, and completely forgot about the ticket until I received a letter from a collection agency. When I called the court clerk, he told me a warrant had been issued for the ticket. But I have had two extensive background checks in the past few years, and the warrant did not show up on either.
So I could have just not paid the ticket. But I was trying to do the right thing. I had to pay nearly three times the original amount, but I payed it. I should not be punished for trying to do the right thing.

 

[CdwJava]

What was the date of suspension?

- Carl

 

[redshift451]

Sometime in July. The suspension was half over before I found out about it.

 

[redshift451]

I went to my arraignment the other day, and the prosecutor did not want to deal. I tried to explain that Progressive only keeps records for 7 years, but I don't think he believed me. He gave me a continuance for one month to try to get my license back. He said that if I get my license back by then, he would drop the DUS charge. But my suspension isn't over until the middle of October.
Once I realized the continuance wasn't long enough, I asked him if I could change my plea, and he said they would immobilize my car if I did.

So what should I do? Should I have Progressive fax a letter saying they don't have records from 96? Should I ask for another continuance when I go back next month? Should I get a lawyer? I live over two hours away, so I can't keep going to Columbus for this.

 

[lilyevans]

Has your insurance been with Progressive this entire time? If so, could you get a letter from Progessive simply stating they have covered since 19??, whenever you first signed on with them? And even you no longer use Progressive they may still be able to create a similar letter for you just stating the dates you were covered by them. Just a thought...