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re: Driving under suspended license - question

Posted on 6/9/19 at 12:10 am to
Posted by Dorothy
Munchkinland
Member since Oct 2008
18153 posts
Posted on 6/9/19 at 12:10 am to
Are you in Louisiana?

From a quick search, it looks like being ticketed for driving under a suspended license may result in him losing his license for another year.

quote:

Any period of suspension or revocation shall automatically be extended for a period of one year from the date the licensee would otherwise have been entitled to apply for a new license upon his conviction for any offense involving the operation of a motor vehicle committed during such period.
LA Rev Stat § 32:415

quote:

Any conviction of driving while suspended will requires a one year suspension.
OMV site

quote:

If you are caught driving while under suspension, you will be ticketed. Legally speaking, if you pay a ticket you offering an admission of guilt, or pleading guilty to your conviction. If you are caught driving with a suspended license and pay the ticket your license will automatically be suspended for one year. It is best practice to consult a New Orleans traffic lawyer before paying any tickets.


From a New Orleans law firm

So it sounds like you cleared up his original ticket (the reason his license was suspended) by paying the fines, but haven't yet addressed the charge/ticket for driving with the suspended license. Not sure how to get out of the punishment for driving when he wasn't supposed to if he pleads guilty or is found guilty.
Posted by SlickRickerz
Member since Oct 2018
2290 posts
Posted on 6/9/19 at 12:55 am to
quote:

Do not follow this advise...it is wrong.


It’s not advise at all, it’s reality in which the punishment will be. I was ignorant to my suspended liscense and that is exactly what happened to me. I fought and fought but the DA in shity Morgan City would not budge. When you are caught driving under a suspended liscense you automatically loose your liscense for one year. You can get a restricted liscense without an SR22, you do not need it because it wasn’t a DWI.
Posted by Hook Em Horns
350000 posts
Member since Sep 2010
15082 posts
Posted on 6/9/19 at 2:03 am to
Probably because he renigged on a bet like his bitch arse step dad.
Posted by stelly1025
Lafayette
Member since May 2012
8500 posts
Posted on 6/9/19 at 3:07 am to
quote:

I took him to the OMV and paid all the fines that were owed,


That was a mistake. Why was the license suspended for in the first place? Then if it was suspended why did he drive knowing that it was? Then why did you go pay all his fines and fees and get him a new licence and a plate knowing he had a court date (for what)?
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27030 posts
Posted on 6/9/19 at 3:25 am to
DUS doesn’t receive a ticket; it receives a misdemeanor summons as it is a criminal offense. Pleading to DUS will cause another suspension. Pleading to certain reduced charges will be viewed by the DMV as pleading to DUS (no drivers license on person, for instance) and they will suspend the license anyway.

In short, talk to an attorney. A DUS shouldn’t cost much.
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17127 posts
Posted on 6/9/19 at 6:28 am to
quote:


DL's are a money making racket, not to mention you're paying to put your photo in a national database.


Also not to mention the charges one can avoid by not having a DL. Stuff like "driving under suspension" for example. Can't suspend what ya don't have.

What are they gonna do, take away your license that you never got in the 1st place?

Any lawyer types ever tried arguing that, since a person never signed the contract that is the signature on a license, they are not bound by the conditions of the contract, and therefore not subject to the civil penalties? (criminal penalties would be another matter)
Posted by dawgsjw
Member since Dec 2012
2114 posts
Posted on 6/9/19 at 7:28 am to
quote:

It's better to never get a license.

DL's are a money making racket, not to mention you're paying to put your photo in a national database.
That makes sense.
Posted by eScott
Member since Oct 2008
11376 posts
Posted on 6/9/19 at 7:36 am to
quote:

It’s not advise at all, it’s reality in which the punishment will be. I was ignorant to my suspended liscense and that is exactly what happened to me. I fought and fought but the DA in shity Morgan City would not budge. When you are caught driving under a suspended liscense you automatically loose your liscense for one year. You can get a restricted liscense without an SR22, you do not need it because it wasn’t a DWI.


You're leaving out the part where you caused an accident while DUS.
Posted by SlickRickerz
Member since Oct 2018
2290 posts
Posted on 6/9/19 at 10:56 am to
I never caused an accident, I was just speeding down HWY 90 right after the bridge in Morgan City at like 2 A.M. I just don’t understand, it’s been posted already in this thread, under Louisiana law, if you drive under a suspended liscense, you will loose your drivers liscense for 1 year. Plain and simple. If your legal team can’t do anything about it, you’re screwed out of luck for 1 year.
quote:

Any conviction of driving while suspended will requires a one year suspension.
This post was edited on 6/9/19 at 11:02 am
Posted by eScott
Member since Oct 2008
11376 posts
Posted on 6/9/19 at 11:15 am to
I thought you said you were in an accident in ops other thread. They must have hated you because your case isn't the norm at all. They're going to reduce ops step son ticket to a non moving violation. Case closed.
Posted by Open Your Eyes
Member since Nov 2012
9252 posts
Posted on 6/9/19 at 11:17 am to
It’s because the court knows you’re a welching bitch that doesn’t pay up when you lose a bet.
Posted by Eyebesmacinhose
Enterprise, Louisiana
Member since Apr 2017
1724 posts
Posted on 6/9/19 at 11:28 am to
In Louisiana, if he was stopped and cited for 32:415 (DUS) and his license and license plates was taken (License Plates are not taken unless the driver has no insurance or no proof of insurance), he must go to the DMV, pay the fee to have his license reinstated, pay whatever other fees he owes for the insurance violation and present proof of insurance. He will be be given a clearance letter from DMV which he must then take to court on his court date and present to the court. He must then pay his fines to the jurisdiction for driving under suspension and the insurance violation (or make suitable arrangements for payment). Once done, he will receive a clearance letter from the Court that he must take back to DMV, showing that all fines have been cleared. He will then get his driver's license and license plate back.
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