License Suspension Question

[jenrose66]

I am so mad right now. In August my husband got pulled over and he didn't have his insurance card in the vehicle (stupid I know, but it happens). Anyway, he went to court and they threw the ticket out when he provided proof of insurance. The court made a filing error showing he was convicted. He got a letter saying his license was going to be suspended. He went back to the court, they said they must have filed it wrong and they'd change it. He also checked with our ins company and they said the DMV said license wasn't suspended.

Fast forward to today, DH is driving with DS and it pulled over by police. The police say his license is suspended and that they can write him a ticket, throw him in jail and tow his vehicle. The police said since he had DS in the car they would just give him a warning and told him to straighten this out asap.

So what do we do. The people at the court where he got the ticket are obviously ********. I live in New York State. Has this ever happened to anyone? I don't know if I should go to my insurance agent, if I should go straight to the court again....plus, since the licesne has been suspended he was told it's a $500 re instatement fee.

How can we be responsible for this fee?? Yes a mistake was made, shame on us for not having insurance card in car, but we have NEVER had a lapse in insurance.

 

[Eeyores Butterfly]

Don't know what to do about the license, but why is your husband getting pulled over so often? Is he speeding? Maybe until it gets sorted out he should refrain from whatever behavior is getting him pulled over in the first place.

 

[npmommie]

Doesn't the car registration card have the insurance info on it? ours does here
I hope he gets it straightened out!

 

[DawnCt1]

Don't know what to do about the license, but why is your husband getting pulled over so often? Is he speeding? Maybe until it gets sorted out he should refrain from whatever behavior is getting him pulled over in the first place.

Oh please, that is just rude and presumptuous. Police in many towns run plates while they are driving. They ran his and it probably showed up as belonging to someone with a suspended license. Lets not assume that her DH is a maniac behind the wheel.

 

[Eeyores Butterfly]

Did not mean to be "rude and presumptious." I didn't know they linked license plates to licenses. I thought they only ran plates if there was a problem. I can't see a police man running ever plate that passes him on the off chance that he might nab a criminal or a person with a suspended license. After all, many family rotate cars among them, so how would they know (before pulling them over) that it was an unlicensed driver behind the wheel?

I never meant to imply he was a maniac. In some places, just doing 5 over will get you pulled over. If that's the case, it's probably not a bad idea to drive extra cautiously until this issue is straightened out so he doesn't get pulled over again. Don't read more into the post than was meant to be there.

 

[Fire14]

Doesn't the car registration card have the insurance info on it? ours does here

I know mine in Ohio doesn't as I don't even have to show it to renew plates and I don't recall having it on my Michigan Reg either.

 

[jenrose66]

Don't know what to do about the license, but why is your husband getting pulled over so often? Is he speeding? Maybe until it gets sorted out he should refrain from whatever behavior is getting him pulled over in the first place.

First time he was pulled over was for an imcomplete stop, rolling stop, whatever...that was the first time he was ever pulled over in his life.

Today, it was simply a plate check. There is a long light we are required to wait for near home due to construction, cops do sit there and run plates from time to time just because it's like a 5 minute wait. He wasn't speeding, wasn't violating anything, the cop just ran his plate and told him as much.

 

[MegaDisney]

Well first of all, I wouldn't use the word ******** to describe anyone. Inexcusable.

Second of all, tell your husband to slow down, especially with your son in the car.

 

[MegaDisney]

I am so mad right now. In August my husband got pulled over and he didn't have his insurance card in the vehicle (stupid I know, but it happens). Anyway, he went to court and they threw the ticket out when he provided proof of insurance. The court made a filing error showing he was convicted. He got a letter saying his license was going to be suspended. He went back to the court, they said they must have filed it wrong and they'd change it. He also checked with our ins company and they said the DMV said license wasn't suspended.

Fast forward to today, DH is driving with DS and it pulled over by police. The police say his license is suspended and that they can write him a ticket, throw him in jail and tow his vehicle. The police said since he had DS in the car they would just give him a warning and told him to straighten this out asap.

So what do we do. The people at the court where he got the ticket are obviously ********. I live in New York State. Has this ever happened to anyone? I don't know if I should go to my insurance agent, if I should go straight to the court again....plus, since the licesne has been suspended he was told it's a $500 re instatement fee.

How can we be responsible for this fee?? Yes a mistake was made, shame on us for not having insurance card in car, but we have NEVER had a lapse in insurance.

Just in case!!!

 

[jenrose66]

Did not mean to be "rude and presumptious." I didn't know they linked license plates to licenses. I thought they only ran plates if there was a problem. I can't see a police man running ever plate that passes him on the off chance that he might nab a criminal or a person with a suspended license. After all, many family rotate cars among them, so how would they know (before pulling them over) that it was an unlicensed driver behind the wheel?

I never meant to imply he was a maniac. In some places, just doing 5 over will get you pulled over. If that's the case, it's probably not a bad idea to drive extra cautiously until this issue is straightened out so he doesn't get pulled over again. Don't read more into the post than was meant to be there.

And he won't be driving at all until this is straightened out b/c obviously we are law abiding citizens and being 7 months pregnant I don't need a dh in jail and an impounded car.

 

[Eeyores Butterfly]

Wow, you learn something new in the Dis everyday. Didn't know they ran plates like that. Do you all have another car he can use in the meantime so he won't get pulled over while you're trying to sort this out?

 

[jenrose66]

Well first of all, I wouldn't use the word ******** to describe anyone. Inexcusable.

Second of all, tell your husband to slow down, especially with your son in the car.

If you have a job and you do that job wrong, then that wrong is pointed out to you (politely I might add) and you still don't fix the problem, you should be fired. Especially if that mistake is going to cause someone's license to be suspended and put them in jail for an offense that they never commited in the first place.

Secondly, please read my post, my dh has never been pulled over for speeding in his life.

I am usually pretty level headed and keep my cool so it's good that this happened after hours where I can't talk to anyone who could help me because I am mad.

I am so tired of incompetence. How hard is it to correctly file a ticket in your filing systems?

 

[agnes!]

Wow, you learn something new in the Dis everyday. Didn't know they ran plates like that. Do you all have another car he can use in the meantime so he won't get pulled over while you're trying to sort this out?

His *license* has been suspended. It doesn't matter what car he is driving, he'll be in violation of the law. Catch-22.

OP -
Hope you get it straightened out.
Prayers & pixie-dust,
agnes!

 

[jenrose66]

I am just looking for people who have had this experience. I know we are in the wrong because our ins card wasn't in our car, but it happens, I work in insurance claims, people are ticketed all the time for not having their insurance cards. I'm just wondering about the headache I will have in front of me to get this straightened out. I mean, we did everything right, we went to court, we provided proof of insurance...when we found out there was a filing error we contacted the court immediately, I don't know what else could have been done.

 

[disneymarie]

You have to go to the District Justice or magistrait district where he appeared for the hearing. They will have all the information there for the disposition of the case.

In PA the citiaton is a warning until the days pass for showing proof of license or insurance is proved. If this is not shown the citiation is filed and you have to plea by signing the citation and requesting the hearing or plead guilty and pay the fine.

I also would call the dept of driver licensing for a detailed operator history.

Just a thought but, your husband may be thinking it is for lack of proof the license is suspended and actually it is another item seperate.
I mention this because if it is found the vehicle had no insurance the plate is suspended in PA not the operator. There is a notice sent to lift the plate if it is not returned to transportation dept.

Now that being said.....having the DL, insurance card and veh. registration should be all available in case we are stopped.
But, it seems like a heads up if your DH is being stopped this many times. The police officer has to articulate a reason a vehicle is stopped in the first place, not that they have esp. to know there is a missing insurance card.

Is it possible that the initial reason to stop was withdrawn but the insurance proof was kept, or visa versa....

As a police officer and Chief, I did not write citations for something that could be provided to the court to withdraw, I did however write citations with the charge and attach a warning to provide proof. That was if the person did provide the proof that part of the citiation was withdrawn but NOT the original charge.

In PA you can not write the insurance citiation without the attached citation for the stop in the first place....for example, speeding, rolling through a stop sign is NOT a stop, red lights, etc.

there is no such thing as a charge for the insurance only.
UNLESS the police officer comes to the house to take the plate for failure to insure.

Please check at the hearing office and driver licensing for the state.
di

 

[Chuck S]

I would contact the court officer or division that is responsible for the misfiling. See if they will give a statement or affidavit that is was a clerical error, and that the case was dismissed. Then contact whatever the department is in your state that handles drivers license info, and make sure it is corrected.

 

[disneymarie]

First time he was pulled over was for an imcomplete stop, rolling stop, whatever...that was the first time he was ever pulled over in his life.

Today, it was simply a plate check. There is a long light we are required to wait for near home due to construction, cops do sit there and run plates from time to time just because it's like a 5 minute wait. He wasn't speeding, wasn't violating anything, the cop just ran his plate and told him as much.

I just noticed that you said cop stated that he ust sat there running plates...check in your state. As I said in the previous post, police in PA can not just radomly run a plate. The dispatch has far too much going on and besides if there is NOT a moving violation you can not write the insurance/license violation. YOU NEED PROBABLE CAUSE to run the plates.
BUT you need to find out what is going on.
di

 

[jenrose66]

Thanks for the info. Like I said the first time he was pulled over he was ticketed for rolling thru a stop sign and that was the first time he was ever pulled over in his life. At the time he received that ticket he was also given the ticket for no ins. he paid the fine and was convicted for rolling thru the stop sign, but the ticket for no ins was thrown out b/c we did have insurance and provided proof to the court.

Today though, the officer told him he did nothing wrong that he just ran his plates. He let DH go wrote no tickets, etc...he just told DH that he needs to straighten out his license situation.

I just feel really violated. I mean I'm happy we found out the licesne is suspended b/c we were under the impression that everything was fine. But to go from never having a ticket in your life, to getting one ticket after being a driver for 12 years, to having that stem to a licesne suspension. It just blows my mind. He's a safe driver...

 

[Feralpeg]

About ten years ago, I go a letter saying my license had been suspended for failure to appear on a ticket. The ticket was issue in a town I had never been in. I called the DMV. The said it was a clerical mistake. They sent me a letter saying it was a mistake. They told me to carry the letter in my car for at least a year just in case I was pulled over.

OP, try calling and explain the situation again. Ask for a letter indicating that your husband's license was not suspended. Hope things work out!

 

[MickeySP]

yep they can do random plate checks & yes the registered owners license info is attached to the plate. If the vehicle is jointly registered both owners info is available.Also his/her arrest record and if they are on probation/parole.

You need to GO to the clerk's office and get a letter, do not trust a phone call. You should also carry a copy of the magistrate's NR decision.