November 19th i was pulled over for expired tags. I live in Fairfax County VA. I gave the officer my license, he ran it, came back and told me that my license is suspended. I told him that I had paid an expired inspection ticket late and he informed me that's what caused it. He let me drive away, with no license, and told me to appear at court and explain this to the judge. My record is perfect besides this and I did not get notice from the DMV. My court date is coming up and I just need some help as to how to handle this in court..should I talk to the prosecutor first? What am I going to be looking at for a outcome?
Thanks for your time and help!
2007-01-16
07:39:13
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10 answers
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asked by
cbrkev98
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in
Politics & Government
➔ Law Enforcement & Police
Also, should i plea guilty or not guilty?
2007-01-16
07:55:09 ·
update #1
YOu need to check with the VA DMV to see if you had to pay a penalty to them (Normaly $100 in most states) to reactivate your eligibility to have a license. If you did have to pay this and didn't know that, pay it, show up in court with all the documentation that you did and ask the judge for leiency as you did everything you thought you were supposed to do in good faith and have taken every step to correct the error.
2007-01-16 07:46:35
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answer #1
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answered by paul_p_25 3
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By law if you were suspended and you are a first offender with no prior notice there is case law regarding this issue: IT states that if a person is suspended and there is no supporting evidence to prove that the suspended driver should have known of the suspension then he is not guilty of that offense, however once informed you may not drive until the suspension is lifted.
You have an additional legal point going for you. The Officer allowed you to drive away after being given the ticket for a suspended license.
I don't think he wants the judge or his commander to know this.
For liability reasons he allowed a suspended driver to drive away. Had you been involved in a collision driving away - The agency he worked for would be held to account for that situation.
Bottom line plead NOT GUILTY
2007-01-16 07:50:42
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answer #2
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answered by Anonymous
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Those Fairfax County Cops don't play. U were very lucky that night u weren't arrested. Since you have a perfect record maybe the judge will just let you off w/ a fine. Make sure you explain the situation to him like the officer said.
2007-01-16 08:58:27
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answer #3
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answered by Dee 3
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It does rely some on what state you have been utilising with. In SC, utilising with a suspended license is seperate from DUI. by that I propose, this won't impression the stairs you could desire to take up ref to the DUI. What i might do is attempt to communicate to the officer and notice if there is any way that he can assist you to. clarify which you have been attempting to do the the terrific option element. If the officer doesnt look to decide to help, then i might ask for a jury trial in an attempt to get the trial pushed lower back. by pushing it lower back, you would be waiting to get your DUI appeared after and wont might desire to hassle with regards to the DUS (utilising under suspension). as quickly as all your paperwork is appeared after as a techniques because of the fact the DUI and you recieve permission to get you DL, i might then get my DL. Now, with all that executed, you're nonetheless dealing with the DUS. by inquiring for a jury trial you have the skill to stand 6 or 12 jurors and clarify which you have been attempting to do the the terrific option element. in case you get a sturdy criminal expert, he can probaly get you a plea earlier you even circulate to court docket. Worst case project is, they re-droop your license for a series quantity of time 3 to 3 hundred and sixty 5 days. in the event that they try this and as long as your SR 22 is so as, you could then circulate an prepare for constrained or probational drivers license which will assist you to tension just to paintings and/or college.
2016-10-07 06:18:44
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answer #4
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answered by Anonymous
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I had this happen to me in VA too. I was pulled over for expired tags in Newport News. my husband mailed in a fine and VA adds intrest to fines so he was $1.65 short. I was deployed and had no clue til i was pulled over about 9 months later. My Lawyer told me that it depends on where the court is and who the judge is will have everything to do with your consequences. It is going to cost $85. to get the suspension removed at the DMV, pay all your fines, get everything straight and have paperwork to prove it. Hopefully you'll just end up with a fine. Mine was about $207.
2007-01-16 07:49:45
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answer #5
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answered by mommyof1.3kids 2
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Call the DA's office and speak with the person in charge of Traffic Court or District Court. They can work with you. Bring documents if you have any.
2007-01-16 07:47:02
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answer #6
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answered by joshjones007 1
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thank your lucky stars that 1. you were not arrested and 2. your car wasn't towed away 3. you did not incur further charges(more serious) such as operating with a suspended license, or subsequently operating. more than likely, you will incur a fine and hopefully they will not suspend your lic. for a longer term > Each subsequesnt offense carries a heavier penalty
2007-01-16 08:18:24
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answer #7
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answered by Officer Baz Says... 2
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Make an appointment to speak to the district attorney first, explain your *** off w. mitigation etc...my ticket got torn up on the spot once.
2007-01-16 07:44:40
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answer #8
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answered by Anonymous
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You are LUCKY that you got to drive your car home....
2007-01-16 07:44:51
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answer #9
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answered by vwmanxter 2
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Go to jail, directly to jail, do not pass go ,do not collect $200.
2007-01-16 08:17:48
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answer #10
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answered by astro 2
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